DECISION - Finance Sector Union

[2014] FWCA 8569 [Note: a correction has been issued to this document]

DECISION Fair Work Act 2009 s 185 - Application for approval of a single-enterprise agreement

Suncorp Staff Pty Ltd and others (AG2014/8212)

SUNCORP GROUP ENTERPRISE AGREEMENT 2015 Banking finance and insurance industry DEPUTY PRESIDENT SAMS

SYDNEY, 4 DECEMBER 2014

Application for approval of the Suncorp Group Enterprise Agreement 2015. [1]

This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed

by Suncorp Staff Pty Ltd, Suncorp Insurance Services Limited and Australian Associated Motor Insurers Pty Limited (the ‘applicants’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Suncorp Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Finance Sector Union of Australia (the FSU) and the Australian Municipal, Administrative, Clerical and Services Union (the ASU) (collectively, the ‘Unions’) and five non-Union Employee Bargaining Representatives. The Agreement is to cover 13,676 employees who are engaged in the provision of insurance, banking and financial services across Australia. [2]

The employees were last notified of their representational rights on 3 July 2014, and

voting for the Agreement’s approval took place between 5 and 11 November 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a vote conducted by CorpVote, 8,437 of the 10,028 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 17 November 2014, thereby satisfying s 185(3) of the Act. [3]

In the Employer’s Declaration in support of the application (Form F17) Mr G Blacker,

Executive Manager Employee Relations identified the Banking, Finance and Insurance Award 2010 [MA000019], the Insurance Industry Award 1998 [AP784988], the GIO

1

[2014] FWCA 8569

Australia Award 2002 [AP817188], the Suncorp Award - State 2003 [AN140284] and the Queensland Industry Development Corporation Officers’ Award - State [AN140240] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Blacker said that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including a reduced First Aid Allowance, less generous redundancy entitlements and the removal of a job search entitlement in circumstances of termination. However, the Agreement provides for a wide range of terms and conditions that are more beneficial than, or in excess of those under the reference instruments, including higher rates of pay, reduced ordinary hours of work, minimum casual and part time engagements and paid parental leave of up to 13 weeks. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility term at clause 9 and the mandatory consultation terms at clauses 11 and 14.5 respectively, and a disputes resolution procedure at clause 10 provides for conciliation and arbitration by the Commission. [4]

At a hearing of the application on 24 November 2014, Mr J Fox, Solicitor and Ms H

Eager, Solicitor appeared with Mr G Blacker for the applicants. Ms A Clancy appeared for the FSU and Ms V Graham appeared for the ASU. The Unions had filed Declarations in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that they wish to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Unions are to be covered by the Agreement. Mr Fox outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that employees classified under Band 1 to Band 4 were entitled to guaranteed base increases of 2% in October 2015, 2% in October 2016, 1.5% in October 2017 and 1.5% in October 2018, with capacity for further performance based increases on the same dates. Employees may also be eligible to receive further performance based Short Term Incentive payments in September 2015, 2016, 2017 and 2018. Ms Clancy and Ms Graham supported the submissions of Mr Fox.

2

[2014] FWCA 8569

[5]

Having heard the parties’ submissions and upon reviewing the terms of the

preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Suncorp Group Enterprise Agreement 2015. Pursuant to s 54 of the Act and by consent of the parties, the Agreement shall operate from 21 February 2015 and have a nominal expiry date of 20 February 2019.

DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer

3

[2014] FWCA 8569

CORRECTION TO DECISION Fair Work Act 2009 s 185 - Application for approval of a single-enterprise agreement

Suncorp Staff Pty Ltd and others (AG2014/8212) Banking finance and insurance industry DEPUTY PRESIDENT SAMS

SYDNEY, 8 DECEMBER 2014

Application for approval of the Suncorp Group Enterprise Agreement 2015. [1]

The decision issued by the Fair Work Commission on 4 December 2014 (Suncorp

Staff Pty Ltd and others [2014] FWCA 8569, AE411451, PR558372) is corrected as follows: 1.

References to the Insurance Industry Award 1998 [AP784988], the GIO Australia Award 2002 [AP817188], the Suncorp Award - State 2003 [AN140284] and the Queensland Industry Development Corporations Officers’ Award - State [AN140240] are removed from para [3].

2.

The phrase ‘less generous redundancy entitlements’ is removed from paragraph [3].

1

[2014] FWCA 8569

3.

The final sentence of para [5] is removed and replaced with the following: ‘Pursuant to s 54 of the Act and by consent of the parties, the Agreement shall operate from 21 February 2015 and have a nominal expiry date of 27 November 2018.’

DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer

2

Suncorp Group Enterprise Agreement 2015

One Company Many Brands

SUNCO.;l GROUP

Table of contents Part 1 -Introduction .............................................................................................................................................................................................. 7

What is this Agreement known as? ...................................................................................................................................................................................... 7 2

How does this Agreement work? .......................................................................................................................................................................................... 7

3

Where can I find defined terms? .......................................................................................................................................................................................... 7

4

What are the objectives of this Agreement? ......................................................................................................................................................................... 7

5 When does this Agreement apply? ....................................................................................................................................................................................... 7 Who is covered by this Agreement? ...................................................................................................................................................................................... 7

6

7 What is the effect of this Agreement? .................................................................................................................................................................................. 8 8

How can I obtain a copy of this Agreement? ......................................................................................................................................................................... 8

9

How can this Agreement be tailored to me? ......................................................................................................................................................................... 8

10 How are disputes resolved under this Agreement? ................................................................................................................................................................ 9 11 How will I be consulted with about major workplace change? .............................................................................................................................................. 9 Part 2 -Core terms applying to all employees ................................................................................................................................................... 11

12 Who does this Part 2 apply to? .......................................................................................................................................................................................... 11 Part 2.1 -Your employment ................................................................................................................................................................................ 11

13 What types of employment are there? ................................................................................................................................................................................ 11 14 What are my hours of work? .............................................................................................................................................................................................. 11 14.1

Ordinary hours for employees and averaging of hours of work ................................................................................................................................. 11

14.2 Meal and rest breaks .............................................................................................................................................................................................. 12 14.3 Reasonable additional hours ................................................................................................................................................................................... 12 14.4 Make-up time ......................................................................................................................................................................................................... 12 14.5 Consultation about changes to hours of work ....................................................................................................................................................... 12 15 Where will I be located? .................................................................................................................................................................................................... 13 16 What are my public holiday entitlements? .......................................................................................................................................................................... 13 16.1

When are public holidays? ...................................................................................................................................................................................... 13

16.2 Can I be required to work on a public holiday? ....................................................................................................................................................... 14 16.3 Public holiday falling on Your day off ....................................................................................................................................................................... 14 16.4 Payment for public holidays ..................................................................................................................................................................................... 14 17 How do policies, guidelines, standards and procedures apply to me? .................................................................................................................................. 14 18 What arrangements apply if I am a part-time employee? .................................................................................................................................................... 14 18.1

Traditional Part-Time ............................................................................................................................................................................................... 15

18.2 Flexible Part-Time .................................................................................................................................................................................................... 15 18.3 Partial Part-Time ...................................................................................................................................................................................................... 15 19 What arrangements apply if I am a casual employee? ......................................................................................................................................................... 16 20 What clauses will not apply if I am a Fixed Term (or Fixed Task) Employee? ......................................................................................................................... 17 21 What clauses will not apply if I am a Maximum Term Employee? ......................................................................................................................................... 17 22 Flexible working arrangements ........................................................................................................................................................................................... 18 23 Health and safety .............................................................................................................................................................................................................. 18 24 Equity and diversity ............................................................................................................................................................................................................ 18 25 Performance targets ........................................................................................................................................................................................................... 18 2

One Company Many Brands.

Table of contents Part 2.2- Reimbursements and allowances ........................................................................................................................................................ 19

26 How am I reimbursed for using my own car for business? .................................................................................................................................................. 19 27 How am I reimbursed for travel expenses? .......................................... .

.............................................................. '"''""''"'"''"''"'"''"''"'''''""'"'''''' 19

28 What are the arrangements for after-hours travel? ............................. ..

'"''"''"'"''"'"''"''"""''"'''''"''"'"''"''"'"' ..................................................... 19

29 When do I receive a First Aid allowance?..............................................

.. ................................................................................................................ 19

30 When am I paid an On-Call allowance? ............................................................................................................................................................................ 20 Part 2.3- Leave ................................................................................................................................................................................................... 21

31 What is my annual leave entitlement? ................................................................................................................................................................................ 21 31.1

Your entitlement .................................................................................................................................................................................................... 21

31.2 Taking annual leave ............................................................................................................................................................................................... 21 31.3

Christmas shut-down period .................................................................................................................................................................................. 21

31.4 Option to purchase additional annual leave .......................................................................................................................................................... 22 31.5 Cashing out accrued annual leave ......................................................................................................................................................................... 22 31.6

Payment for accrued but untaken annual leave on termination ................................................................................................................................ 23

32 What is my Personal/carer's Leave entitlement? .................................................................................................................................................................. 23 32.1


32.2 Taking paid Personal/carer's Leave .......................................................................................................................................................................... 23 32.3

Evidence of Personal/carer's Leave ....................................................................................................................................................................... 23

32.4 'Planned' Personal/carer's Leave ............................................................................ .

''"''"""""'"""""' """"""""""""""""' """"""""" 24

32.5 Unpaid carer's leave ............................................................................................................................................................................................. 24 33 What is my flexible leave entitlement? ............................................... ..

...................................................................................................... M

Your entitlement ..................................................................... .

................................................................................................... 24

33.2 Taking flexible leave .......................................................................... .

.................................................................................................... 24

33.1

34 What is my compassionate leave entitlement? ................................................................................................................................................................... 25 34.1

Your entitlement ..................................................................................................................................................................................................... 25

34.2 Taking compassionate leave ................................................................................................................................................................................... 25 34.3

Evidence of compassionate leave ........................................................................................................................................................................... 26

35 What is my community service leave entitlement? ............................................................................................................................................................. 26 35.1

Your entitlement ................................................................................................................................................................................................... 26

35.2 Taking community service leave .............................................................................................................................................................................. 26 36 What is my volunteer leave entitlement? ............................................................................................................................................................................ 26 36.1


36.2 Taking volunteer leave ......................................................................................................................................................................................... 27 37 What is my parental leave entitlement? ............................................................................................................................................................................ 27 37.1

Unpaid Primary Carer's Leave .............................................................................................................................................................................. 27

37.2

Paid Primary Carer's Leave .................................................................................................................................................................................. 27

37.3 Returning from Unpaid or Paid Primary Carer's Leave .............................................................................................................................................. 28 37.4 Secondary Carer's Leave .......................................................................................................................................................................................... 28 37.5

Pre natal leave ........................................................................................................................................................................................................ 29

37.6 Interaction with any statutory paid parental leave scheme ...................................................................................................................................... 29 Suncorp Group Enterprise Agreement 201 5

3

Table of contents 38 What is my long service leave entitlement? ....................................................................................................................................................................... 29 38.1


38.2 Taking long service leave ........................................................................................................................................................................................ 29 38.3

Payment of accrued but untaken long service leave on termination .......................................................................................................................... 30

38.4 State or Territory Legislation ................................................................................................................................................................................... 30 39 When can I take a career break? .......................................................................................................................................................................................30 39.1


39.2 Taking a career break ............................................................................................................................................................................................ 30 40 When can I take a career day? ........................................................................................................................................................................................ 31 Part 2.4- Termination of employment ................................................................................................................................................................ 32 41 Notice of termination .........................................................................................................................................................................................................32 42 When can I be dismissed without notice?.............................................

.. .................................................................................................................... 32

43 What notice will I receive if I am a casual employee? .......................... ..

.................................................................................................................... 32

44 What other arrangements apply on termination? ............................................................................................................................................................. 32 44.1

References ............................................................................................................................................................................................................32

44.2 Debts owed on termination of employment ............................................................................................................................................................. 32 44.3

Return of property ...................................................................................................................................................................................................32

Part 2.5- Redundancy ......................................................................................................................................................................................... 33 45 What are my redundancy entitlements? .............................................................................................................................................................................. 33 45.1

Redundancy ...........................................................................................................................................................................................................33

45.2 Notice of termination for redundancy ..................................................................................................................................................................... 33 45.3 Redundancy payments for permanent full-time and part-time employees ............................................................................................................... 33 45.4 Redundancy payments for Maximum Term Employees ............................................................................................................................................. 34 45.5 Support options ...................................................................................................................................................................................................... 34 Part 2.6- General clauses on remuneration ....................................................................................................................................................... 35 46 When am I paid? ............................................................................................................................................................................................................35 47 Superannuation ..............................................................................................................................................................................................................35 48 What is my Pay Band?..

.. ................................................................................................................................................................................. 35

49 How can I package my salary? ........................................................................................................................................................................................ 35 Part 3 -Terms specific to Pay Bands A1 to A4 ..................................................................................................................................................... 36 50 Who does this Part 3 apply to? ......................................................................................................................................................................................... 36 51 How do I know when I am rostered to work? .................................................................................................................................................................... 36 51.1

Your roster .............................................................................................................................................................................................................. 36

51.2

Length of time You are entitled to be off duty ........................................................................................................................................................ 36

51.3 Swapping Your rostered hours ............................................................................................................................................................................... 36 51.4

Rest breaks ............................................................................................................................................................................................................. 36

52 How can my working arrangements be changed temporarily? ............................................................................................................................................. 37 53 What arrangements apply if I am working at another location temporarily? ....................................................................................................................... 37 54 What is my minimum base pay? .......................................................................................................................................................................................37

4


Table of contents 55 Will my minimum base pay be increased? ............................................................................................................................

................................. 38

56 What is the short term incentive pool? .................................................................................................................................

................................. 38

57 What will I be paid if I am required to do overtime? ......................................................................................................................................................... 39 57.1

Overtime ................................................................................................................................................................................................................39

57.2 Payment for overtime ..........

........................................................................................................................................................................ 39

57.3 Time off in lieu of overtime.

........................................................................................................................................................................ 40

57.4 Transport home .......................................... .

.40

57.5 Rest breaks ............................................... .

.40

58 What loadings do I receive? ............................................................................................................................................................................................. 40 58.1

Penalty rates .............................................. .

.................................................................................................................................................. ~

58.2 Annual leave loadings.............................................................

.....................

.. .......................... ..

............................................. 40

58.3 Public holiday work loadings ..........................................................................................................................

"""'""""" """'""""""""""'41 59 What allowances am I entitled to? .................................................................................................................................................................................... 41 59.1

Meal allowance ................................................................................................................................................................................................... 41

59.2 Higher duties allowance ..................................................................................... ..

''''"'"''"''"'"''''"'"''''''" .............................................. 41

60 What is the notice of termination that I must give or receive? ........................................................................................................................................... 42 60.1

Resignation by You ..................................................................................................................................................................................................42

60.2 Termination of employment (other than for redundancy) .......................................................................................................................................... 42 Part 4- Terms specific to Pay Bands 1 to 8 ......................................................................................................................................................... 43

61 Who does this Part 4 apply to? .......................................................................................................................................................................................... 43 62 What is included in my fixed salary? .................................................................................................................................................................................. 43 63 What is my minimum fixed salary? .................................................................................................................................................................................... 44 64 Will my minimum fixed salary be increased?................................................. 64.1

All fixed salary employees........................................ ............... ....... ...

.. ........................................................................................................ 44 .................... ............ ...

.. .............................................................. 44

64.2 Pay Bands 1·3 employees only .............................................................................................................................................................................45 65 What are my short term incentive arrangements? ............................................................................................................................................................. 45 66 What is the notice of termination that I must give or receive? ........................................................................................................................................... 45

66.1

Resignation by You ..................................................................................................................................................................................................45

66.2 Termination of employment (other than for redundancy) .......................................................................................................................................... 45 67 What happens if I work higher duties? ............................................................................................................................................................................... 45 Schedule 1 ........................................................................................................................................................................................................... 46 Classification structures ............................................................................................................................................................................................................46 Schedule 2 ........................................................................................................................................................................................................... 47 Definitions ...............................................................................................................................................................................................................................47 Signing page ........................................................................................................................................................................................................ 49


5

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6


Part 1 Introduction 1

What is this Agreement known as? This agreement shall be known as the Suncorp Group Enterprise Agreement 2015 ("Agreement").

2

How does this Agreement work? (a)

(b)

3

This Agreement comprises 4 parts that apply as follows: Agreement Part

Employees covered

Part 1

Applies to all employees covered by this Agreement

Part 2

Applies to all employees covered by this Agreement

Part 3

Applies only to employees classified at Pay Band A1 to Pay Band A4

Part 4

Applies only to employees classified at Pay Band 1 to Pay Band 8

The classification structure is outlined in Schedule 1 to this Agreement.

Where can I find defined terms? The meanings of the capitalised terms used in this Agreement are set out in Schedule 2 to this Agreement.

4

What are the objectives of this Agreement? (a)

This Agreement provides terms and conditions of employment that reflect our high performance culture and ongoing commitment to making the Group THE place to work in Australia and New Zealand.

(b)

This Agreement supports: (i)

a single consistent view of our employees;

(ii)

a culture that provides for reward and recognition of high performing employees;

(iii) flexibility in working arrangements, encouraging a balance between work and family life; (iv) attraction and retention of talent to enhance our competitive position; and (v)

5

the Group values of honesty, courage, fairness, respect, caring and trust.

When does this Agreement apply? This Agreement will commence on whichever is the later of the following dates: (a)

21 February 2015; or

(b)

the start of the first full pay period occurring at least 7 days after it has been approved by the Fair Work Commission,

and will remain in force for a period of 4 years from the date of approval by the Fair Work Commission.

6

Who is covered by this Agreement? The parties covered by this Agreement are: (a)

Suncorp Staff Pty Ltd;

(b)

Suncorp Insurance Services Limited;

(c)

Australian Associated Motor Insurers Limited; and

(d)

each of their employees who perform work from time to time in one of the classifications outlined in Schedule 1 to this Agreement.

Sun corp Group Enterprise Agreement 2015

7

Part 1 Introduction 7

(continued)

What is the effect of this Agreement?

8

(a)

While this Agreement operates no other industrial instrument (including the BFI Award) will apply to You.

(b)

Nothing in this Agreement excludes any provision of the National Employment Standards.

How can I obtain a copy of this Agreement? A copy of this Agreement will be published on the Group's intra net.

9

How can this Agreement be tailored to me? (a)

You may agree to make an individual flexibility arrangement with the Group to vary the effect of terms of this Agreement if: (i)

this arrangement deals with 1 or more of the following matters: • arrangements about when work is performed (including clauses 14 and 51 below); • overtime (including clause 57 below); • loadings (including clause 58 below); and • allowances (including clause 59 below).

(ii)

the arrangement meets the genuine needs of the Group and You in relation to 1 or more of the matters mentioned in the subclause above; and

(iii) the arrangement is genuinely agreed to by the Group and You. (b)

The Group must ensure that the terms of the individual flexibility arrangement (i)

are about permitted matters (as defined in the Fair Work Act);

(ii)

are not unlawful terms (as defined in the Fair Work Act); and

(iii) result in You being better off overall than You would be if no arrangement was made. (c)

The Group must ensure that the individual flexibility arrangement (i)

is in writing;

(ii)

includes the name of the Group and You;

(iii) is signed by the Group and You and if You are under 18 years of age, signed by Your parent or guardian; (iv) includes details of: • the terms of this Agreement that will be varied by the arrangement; and • how the arrangement will vary the effect of the terms; and • how You will be better off overall in relation to the terms and conditions of Your employment as a result of the arrangement; and (v)

8

states the day on which the arrangement commences.

(d)

The Group must give You a copy of the individual flexibility arrangement within 14 days after it is agreed to.

(e)

The Group or You may terminate the individual flexibility arrangement (i)

by giving 28 days' written notice (or such longer period if the Fair Work Act is relevantly amended) to the other party to the arrangement; or

(ii)

if the Group and You agree in writing- at any time.


10 How are disputes resolved under this Agreement? (a)

(b)

This clause sets out the procedure for resolving a dispute which relates to: (i)

a matter arising under this Agreement; or

(ii)

the National Employment Standards.

The aim of the dispute resolution procedure below is to encourage You to resolve any disputes that arise as soon as possible by engaging directly in discussions with Your Leader or others, so that the issue can be resolved at the lowest possible level. At any stage, any of the steps may, by agreement between the parties to the dispute, be bypassed in the interests of achieving a timely resolution.

(c)

The process for resolving a dispute referred to above is set out below: Step 1

In the first instance, You should raise the matter with Your Leader and endeavour to resolve it by discussion. Step 2

If the matter remains unresolved after Step 1, or the nature of the matter means that it is not appropriate to speak to Your Leader. You can raise the matter with Your Manager Once Removed (MOR) for further discussions in an effort to resolve it. Step 3

If the matter still remains unresolved after Step 2, You can raise the matter for discussions between yourself and a representative from Human Resources in an effort to resolve it. Step 4

If the matter still remains unresolved after Step 3, if You and the Group agree, the matter may be referred to an independent mediator to conciliate the matter in an attempt to resolve the dispute. The parties will agree on the appointment of an independent mediator within 72 hours of the progression to Step 4 but if the parties are unable to agree, the default mediator will be a member of the Institute of Arbitrators and Mediators (lAMA) appointed by the President. The Group will meet the reasonable costs of the appointment of an independent mediator. Step 5

If the matter still remains unresolved after Step 4 or the parties did not agree to refer the matter to an independent mediator, then You or the Group may refer the matter to the Fair Work Commission for resolution (including by conciliation and if that does not resolve the dispute, arbitration). (d)

You may, if You wish, have a support person/observer accompany You to any meetings which take place while progressing through the above steps. You may, if You wish, nominate a person to accompany You to meetings and represent You from Step 3 onwards of the procedure (although You will be entitled to be accompanied by no more than one person during Steps 1 to 4 in the procedure).

(e)

While the parties are trying to resolve the dispute using the above steps, You must continue to perform Your work as normal, unless otherwise directed by the Group.

11

How will I be consulted with about major workplace change? (a)

This clause sets out the procedure for consultation with employees if a definite decision is made to introduce a major workplace change that is likely to have a significant effect on employees to whom this Agreement applies.

(b)

Definitions

For the purposes of this clause: 'major workplace change' means a substantial/significant change in systems, organisation, structure, or technology, other than changes which

are specifically contemplated by, or permitted under, this Agreement;


9

Part 1 Introduction

(continued)

'likely to have a significant effect on the employees' means where the change is likely to result in: (i)

a reduction in the number of employees to be employed;

(ii)

change to the places at which work is performed;

(iii) change to the hours to be worked; (iv) change to the composition, operation or size of the Group's workforce; or (v)

change to the skills required of employees and the need to retrain employees;

'relevant employee' means an employee who is likely to be significantly affected by the major workplace change. (c)

Consultation procedure Step 1 As soon as practicable after making a definite decision to introduce a major workplace change that is likely to have a significant effect on employees to whom this Agreement applies, relevant employees will be notified of that decision and will be provided, in writing, with information about the change including the nature of the change proposed and the expected effects of the change on the employees. Step 2 As soon as practicable after notifying the relevant employees (Step 1), consultation with the relevant employees will occur about: • the introduction of the major workplace change; • the effect the major workplace change is likely to have on the relevant employees; and • any measures that may be taken to avert or mitigate any adverse effect that the major workplace change may have on the relevant employees. During the consultation, the relevant employees will have a reasonable opportunity to express their views about the proposed changes. Confidential or commercially sensitive information will not be disclosed by the Group during consultation.

(d)

Representation during consultation You may appoint a representative to participate in the consultation. Your representative could include another employee, the Suncorp Group Employee Council, an official of a union, a legal representative or any other person of Your choosing. However, any such representative shall keep all information about the change confidential and shall participate in the consultation in a respectful, professional and appropriate manner.

10


Part 2 - Core terms applying to all employees 12 Who does this Part 2 apply to? This Part 2 (clauses 12 to 49) applies to all employees covered by this Agreement.

Part 2.1 -Your employment 13 What types of employment are there? You may be employed as a: (a)

permanent employee (on either a full-time or part-time basis);

(b)

casual employee;

(c)

Fixed Term (or Fixed Task) Employee (on either a full-time or part-time basis); or

(d)

Maximum Term Employee (on either a full-time or part-time basis).

14 What are my hours of work? 14.1

Ordinary hours for employees and averaging of hours of work (a)

(b)

The scope of ordinary hours for the purposes of this Agreement is: (i)

7:00 am to 7:00 pm Monday to Friday; and

(ii)

8:00 am to 12:00 pm (noon) on Saturday.

Notwithstanding the above scope of ordinary hours: (i)

if You are a Rostered Employee, the Group may require You to work ordinary hours at any time on Monday to Sunday in accordance with Your shift roster; and

(ii)

if You are not a Rostered Employee and were employed by the Group as at the commencement date of the Former Agreement, the Group will not require You to perform any ordinary hours on a Saturday between 8:00am to 12:00 pm (noon) unless: • at any time prior to the commencement date of the Former Agreement You have regularly performed ordinary hours between those times; or • You agree.

(c)

If You are a full-time employee, Your ordinary hours of work will be an average of 37.5 hours per week to be worked on one of the following bases: (i)

37.5 hours within a work cycle of 1 week;

(ii)

75 hours within a work cycle of 2 weeks;

(iii) 112.5 hours within a work cycle of 3 weeks; or (iv) 150 hours within a work cycle of 4 weeks. (d)

If You are a part-time employee, Your ordinary hours of work may be worked in a range of ways as explained in clause 18.

(e)

If You are a casual employee, Your minimum hours are detailed in clause 19.

(D

For the purposes of determining the hours that You work under the National Employment Standards, the Group will average Your ordinary hours worked over a period of 52 weeks.


11

Part 2.1

Your employment (continued)

14.2

Meal and rest breaks

(a)

You will not be required to work for more than 5 hours without an unpaid meal break.

(b)

Your meal break will not be less than 30 minutes but may be longer if You and Your Leader agree or if Your Leader requires it.

(c)

A meal break is not counted as ordinary hours worked.

(d)

You will be allowed a paid rest break/sat a time/sand in a manner agreed between You and Your Leader or, if no agreement is reached, as determined by Your Leader.

14.3

Reasonable additional hours

(a)

From time to time, You may be required to work reasonable additional hours.

(b)

You may refuse to work additional hours (beyond those referred to in subclause 14.1 (c)) if they are unreasonable.

(c)

In determining whether additional hours are reasonable, Your Leader will take into account the following: (i)

operational and business needs;

(ii)

the nature of Your role and Your level of responsibility;

(iii) any risk to Your health and safety; (iv) Your personal circumstances, including family responsibilities; and (v) 14.4

any other matters that the Fair Work Act specifies to be relevant to a consideration.

Make-up time

(a)

With Your Leader's consent, You may take time off during ordinary working hours and instead work those hours at an earlier time or later time ("Make-up time").

14.5

(b)

You must work Make-up time within 4 weeks of taking time off during ordinary working hours.

(c)

You are not entitled to any additional payment for working Make-up time (including any penalty, loading or overtime).

Consultation about changes to hours of work

(a)

The Group may change the times at which, or days on which, You work Your ordinary hours or Your regular roster.

(b)

In relation to any such change to Your ordinary hours or Your regular roster, prior to the change taking effect: (i) (ii)

Your Leader will provide information to You and consult with You about the change; You may provide your views about the impact of the change, including raising any personal arrangements You may have which might be affected by the change;

(iii) Your Leader will give consideration to all relevant factors, including operational requirements, Your views about the impact of the change and any personal arrangements You may raise. (c)

In relation to the operation of this clause: (i)

the operation of this clause is subject to subclause 14.1 (b)ii;

(ii)

the obligation to consult, does not apply where You have irregular, sporadic or unpredictable working hours;

(iii) this clause is to be read in conjunction with other clauses in this Agreement about the scheduling of Your ordinary hours or Your regular roster, including any related notice requirements; (iv) for full-time and part-time employees (engaged on any basis), You will be given 4 weeks' notice of the commencement of a permanent change; (v)

you may appoint a representative to participate in the consultation (on the basis set out in subclause 11 (d)); and

(vi) confidential or commercially sensitive information will not be disclosed by the Group during consultation.

12


15 Where will I be located? (a)

You may be required at any time to work at any place within a reasonable commuting distance of Your usual residence, on either a temporary or permanent basis.

(b)

When determining what is a 'reasonable commuting distance', all relevant factors will be taken into consideration by Your Leader in consultation with You including: (i)

availability of public transport;

(ii)

existing child care arrangements;

(iii) distance between the new workplace and Your usual residence; (iv) any potential increase in the cost of travel between the new workplace and Your usual residence; and (v)

Your personal circumstances.

16 What are my public holiday entitlements? 16.1

When are public holidays? (a)

Subject to the other provisions of this Agreement, You are entitled to be absent from work on a day or part-day that is a public holiday in the place where You work.

(b)

The following are public holidays: (i)

New Year's Day (1 January);

(ii)

Australia Day (26 January);

(iii) Good Friday; (iv) Easter Monday; (v)

Anzac Day (25 April);

(vi) the Queen's Birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory); (vii) Christmas Day (25 December); (viii) Boxing Day (26 December); (ix) if Your normal work location is in New South Wales or the Australian Capital Territory only, any day or part-day (other than those above) that is declared or prescribed to be observed as a 'bank holiday' under the law of the relevant State or Territory; and (x)

any other day, or part-day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday, other than a day or part-day, or a kind of day or part-day, that is excluded by the Fair Work Regulations from counting as a public holiday.

(c)

If, under a law of a State or Territory, a day or part-day is substituted for a day or part-day that would otherwise be a public holiday, then the substituted day or part-day is the public holiday.

(d)

The Group may agree with You on the substitution of a day or part-day for a day or part-day that would otherwise be a public holiday.

(e)

To facilitate maintenance of Your religious or cultural traditions You and the Group may agree to substitute another day for any of the public holidays provided under this clause.


13

Part 2.1


16.2

Can I be required to work on a public holiday? (a)

The Group may require You to work on a public holiday to meet operational or business requirements.

(b)

The Group will follow the following procedure in determining which employees will be required to work on a public holiday:

(c) (d)

(i)

in the first instance, volunteers will be called for; and

(ii)

if there are insufficient volunteers, the Group may, subject to the Fair Work Act, request that You work on a public holiday.

You may refuse to work on a public holiday if the request is not reasonable or the refusal is reasonable. In determining whether a request, or refusal of a request to work on a public holiday is reasonable the Group will consider all of the relevant factors, including: (i)

operational and business needs;

(ii)

the nature of Your role and Your level of responsibility;

(iii) the number of public holidays You have volunteered for and/or worked in the previous 12 months; (iv) any risk to Your health and safety; (v)

any personal circumstances, including family responsibilities; and

(vi) any other matters that the Fair Work Act specifies to be relevant to a consideration. 16.3

Public holiday falling on Your day off (a)

If You are a full-time employee and the public holiday falls on any day between Monday and Friday which would normally be a day that You are not scheduled to work, You are entitled to a day off in lieu; or

(b)

If You are a casual employee who is not rostered to work or You are a part-time employee (engaged on any basis) whose hours do not include the day of the week on which the public holiday occurs, You will not be entitled to any additional payment or a day off in lieu.

16.4

Payment for public holidays You may be entitled to additional payment if You perform work on a public holiday, in accordance with the remaining provisions of this Agreement.

17 How do policies, guidelines, standards and procedures apply to me? (a)

There are various policies, guidelines, standards and procedures which may apply to Your employment and with which You must comply.

(b)

These documents may be reviewed, varied, added to or withdrawn from time to time in the Group's absolute discretion.

(c)

While the policies, guidelines, standards and procedures are not incorporated by reference into, and do not form part of, this Agreement, You may be subject to disciplinary action if You fail to comply with them.

18

What arrangements apply if I am a part-time employee? (a)

If You are offered and accept part-time employment with the Group, the terms of this Agreement will apply to You as a part-time employee.

(b)

You may be engaged as a part-time employee on one of the following bases during Your employment with the Group: (i)

Traditional Part-Time;

(ii)

Flexible Part-Time; or

(iii) Partial Part-Time.

14


18.1

18.2

Traditional Part-Time (a)

Your ordinary hours of work will be fewer than 37.5 hours per week.

(b)

You will work a minimum of 3 hours each day, unless You request otherwise and Your Leader agrees.

Flexible Part-Time (a)

Your ordinary hours of work will comprise agreed ordinary hours averaged over a period of 1 to 4 weeks, to be worked on one of the following bases: (i)

fewer than 37.5 hours within a work cycle of 1 week;

(ii)

fewer than 75 hours within a work cycle of 2 weeks;

(iii) fewer than 112.5 hours within a work cycle of 3 weeks; or (iv) fewer than 150 hours within a work cycle of 4 weeks. (b)

For employees classified at Pay Band A1 to Pay Band A4, Your Leader may offer You, and You may choose to accept additional hours of work (Flexible Part-Time Additional Hours) up to the maximum ordinary hours for Your work cycle. When You work such Flexible Part-Time Additional Hours: (i)

those hours are ordinary hours of work (and not overtime); and

(ii)

You will be paid for each hour worked at a rate calculated by dividing the base rate (relevant to Your classification) provided for in clause 54 by the ordinary hours worked by a full-time employee over that pay period.

(c)

For employees classified at Pay Band 1 to Pay Band 8, Your fixed salary compensates You for working any reasonable additional hours beyond Your agreed ordinary hours.

18.3

Partial Part-Time (a)

You may be engaged on a Partial Part-time basis if You request to do so and Your Leader agrees. If you are engaged on a Partial Part-time basis, then for each year: (i)

Your ordinary hours of work for each working week will be 37.5 hours per week for at least 40 weeks and fewer than 52 weeks;

(ii)

You and Your Leader will agree as to the minimum number of weeks that You will work in the following year;

(iii) You and Your Leader may agree that You will work additional weeks (on the basis of 37.5 ordinary hours per week); (iv) You can only take annual leave and long service leave during your non working weeks, unless otherwise agreed by Your Leader; and (v)

during any week that You are not working: • You will not be paid (other than for annual leave, long service leave or paid parental leave under this Agreement, if applicable); • You will not accrue any leave or other entitlement; and • that week will not count as service (but will not break continuity of employment).

(b)

You will not be covered by the following clauses outlined in this Agreement during non working weeks: (i)

clause 32- Personal/carer's Leave;

(ii)

clause 33 -flexible leave; and

(iii) clause 34- compassionate leave.


15

Part 2.1


19 What arrangements apply if I am a casual employee? (a)

If You are offered and accept casual engagements with the Group, the terms of this Agreement will apply to You as a casual employee. However, the Group is not obliged to offer, and You are not obliged to accept, any particular engagement or offer of work.

(b)

At the time of the initial offer of work or commencement of an engagement, You will be advised of: (i)

the duration of the engagement;

(ii)

the hours of work required;

(iii) the location(s) of work; (iv) to whom You must report for work; and (v) (c)

the work to be performed.

Should You be offered and accept any further casual engagements then, unless You are advised otherwise, any such further engagements will be on the same basis as the initial engagement. However, at any time before an engagement commences, or during the period of an engagement, the Group may advise You of changes to the details outlined in the subclause above or the basis on which You will be engaged.

(d)

If You are offered and accept a casual engagement, but become unable to attend work at the required time for any reason, You must notify Your Leader as soon as You are aware of any likely absence and the estimated duration of the absence.

(e)

You are entitled to a minimum of 3 hours work per engagement.

(f)

You will be paid for each hour worked at a rate calculated by: (i)

dividing the base pay or fixed salary (whichever is relevant to Your classification) provided for in clauses 54 and 63 by the ordinary hours worked by a full-time employee over that pay period; and

(ii) (g)

adding a casual loading of 25%.

If You are eligible to receive overtime, penalties or loadings under this Agreement for any work You perform, the penalty will be calculated on Your base pay or fixed salary (whichever is relevant to Your classification).

(h)

The casual loading outlined in the subclause above is paid instead of You being provided with following entitlements: (i)

annual leave and leave loading under clauses 31 and 58.2;

(ii)

paid Personal/carer's Leave under clause 32.1;

(iii) redundancy entitlements under clause 45; and (iv) other attributes of full-time or part-time employment. (i)

If You are a casual employee, You will not be covered by the following clauses outlined in this Agreement: (i)

clause 29- first aid allowance;

(ii)

clause 31 -annual leave;

(iii) clause 32- Personal/carer's leave (except for clause 32.5); (iv) clause 33 -flexible leave; (v)

clause 36 -volunteer leave;

(vi) clause 37- parental leave (except for clause 37. 1); (vii) clause 39 - career break; (viii) clause 40 - career day; (ix) clause 45- redundancy entitlements;

16


(x)

clause 49- salary packaging;

(xi) clause 51 - rosters; (xii) clause 52 -working arrangements; (xiii) clauses 56 and 65 -short term incentive; (xiv) subclause 58.2- annual leave loading; and (xv) clauses 41 and 66- notice of termination.

(j)

If you are a casual employee who is working irregular hours or have less than 12 months' continuous service, the following clauses will not apply to you: (i)

clause 55- base pay increases;

(ii)

clause 56- base pay short term incentive;

(iii) clause 64- fixed salary increases; and (iv) clause 65 -fixed salary short term incentive. (k)

An annual review of hours worked will be conducted for all casual employees. Where it is identified that casuals work regular and systematic hours, and it is expected that this will continue, the Group may declare the position to be a permanent position. If the Group does so, the casual work will cease and the relevant casual employee shall be given the first right of refusal for the permanent position.

20 What clauses will not apply if I am a Fixed Term (or Fixed Task) Employee? If You are a Fixed Term (or Fixed Task) Employee, You will not be covered by the following clauses outlined in this Agreement:

21

(a)

clause 33 -flexible leave;

(b)

clause 37- parental leave (except for clause 37.1);

(c)

clause 39- career break;

(d)

clause 40 - career day;

(e)

clause 45 - redundancy entitlements;

(0


(g)

clause 55- base pay increases;

(h)

clause 56- base pay short term incentive;

(i)

clause 64- fixed salary increases;

(j)

clause 65- fixed salary short term incentive; and

(k)

clauses 41 and 66- notice of termination.

What clauses will not apply if I am a Maximum Term Employee? (a)

If You are a Maximum Term Employee, You will not be covered by the following clauses outlined in this Agreement: (i)

clause 33 -flexible leave;

(ii)

clause 37 - parental leave (except for clause 37.1 );

(iii) clause 39 -career break; (iv) clause 40 -career day; (v)


(vi) clause 55- base pay increases; Suncorp Group Enterprise Agreement 2015

17

Part 2.1


(vii) clause 56- base pay short term incentive; (viii) clause 64- fixed salary increases; and (ix) clause 65 -fixed salary short term incentive. (b)

22

You will not be employed as a Maximum Term Employee in the same role for more than 2 years, unless otherwise agreed.

Flexible working arrangements (a)

Flexible working arrangements are encouraged and designed to: (i)

allow You to attend to personal or family needs as well as increasing options for leisure time;

(ii)

provide recognition and reward for extra hours worked at busy times;

(iii) enable staffing levels to be adjusted to cover busy periods and wider spans of working hours; and (iv) benefit You and the Group. (b)

There are a range of flexible working arrangements available to You, including but not limited to: (i)

part-time employment (engaged on any basis);

(ii)

job sharing;

(iii) working from home; (iv) changes to working hours; (v)

subject matter expert roles and project work; and

(vi) mentoring roles for employees planning retirement. (c)

In making a decision about flexible work arrangements, Your Leader will consider Your personal requirements, the demands and nature of Your role and operational and business needs

23

Health and safety (a)

This Agreement supports the provision of a safe and healthy work environment.

(b)

You have an obligation to take reasonable care of Your own health and safety and the health and safety of others affected by Your actions.

24 Equity and diversity (a)

This Agreement supports the provision of a workplace free from unlawful discrimination and harassment in which employees are treated fairly, equally and with respect.

(b)

25

You have an obligation to ensure that You treat all fellow employees fairly, equally, with respect and in accordance with the Group values.

Performance targets (a)

The determination of performance targets and assessing an employee's rating against such targets are within the discretion of the Group, taking into account the requirements of this clause.

(b)

The performance target setting and assessment process will be fair and transparent.

(c)

Performance targets will: (i)

be reflective of the Group's objectives and values;

(ii)

be relevant and measurable (quantitatively and/or qualitatively); and

(iii) reflect the work being undertaken during the relevant period. (d) 18

You will be advised of any changes to Your performance targets.


Part 2.2 - Reimbursements and allowances 26

How am I reimbursed for using my own car for business? (a)

Subject to approval by the Group, if You are required to use Your own car in connection with Group business on an ad hoc basis, You will be paid an allowance as follows for such use of Your car: (i)

79.68 cents per kilometre; or

(ii)

the rate specified by the Australian Tax Office, from time to time,

whichever is the greater. (b)

Your entitlement to the allowance referred to above is subject to You providing satisfactory evidence of travel distance to Your Leader to support any claim You make, if You are requested to do so.

(c)

The Group will not give approval for the payment of the above allowance in cases where you are required or expected to travel more than 5,000 kilometres per annum in connection with Group business, but alternative arrangements will be established by the Group in relation to any allowances to be paid in those cases (such arrangements will be amended from time to time and do not form part of this Agreement).

27

How am I reimbursed for travel expenses? (a)

If You are directed to work at a location other than Your usual place of employment on a temporary basis You will be reimbursed for reasonable travel expenses incurred by You as a result of such direction, subject to You providing evidence satisfactory to the Group of those expenses.

(b)

Reimbursement of expenses under this clause is only available for travel that, in the Group's opinion, is by the most reasonable mode of transport.

28 What are the arrangements for after-hours travel? If You are required by the Group to finish or commence work between the following hours: (a)

8:00 pm and 6:00 am in Spring or Summer months; and

(b)

7:00 pm and 6:00 am in Autumn or Winter months,

arrangements for after-hours travel will be established by the Group, taking into consideration the particular location, operational and business requirements, existing arrangements, available modes of transport, Your safety, and having regard to any special circumstances. For example, such arrangements may include public transport, a cab, escort by a security guard or on-site car parking.

29 When do I receive a First Aid allowance? (a)

If You are a full-time employee who is appointed as an accredited first aid officer to perform first aid duties, You will receive the following First Aid allowance for all time worked including for periods of paid leave:

(b)

Date

Rate per week

Commencement of Agreement

$12.68

October 2015

$13.06

October 2016

$13.45

October 2017

$13.86

October 2018

$14.27

Increases to the First Aid allowance occur in accordance with the above table and on the first full pay period occurring during the months specified in the above table.

(c)

You are a part-time employee (engaged on any basis) acting as an accredited first aid officer You will be paid a First Aid allowance based on the amount above, but calculated on a pro rata basis having regard to Your ordinary hours of work.

Sun corp Group Enterprise Agreement 2015

19

Part 2.2- Reimbursements and allowances (continued) 30 When am I paid an On-Call allowance? (a)

If You are required to be available by roster for stand-by to perform work outside Your ordinary hours ("On-Call"), You will be paid an On-Call allowance for each day (or part thereon You are On-Call as follows:

(b)

Date

Rate per weekday

Rate per weekend day (Saturday or Sunday) and public holiday

Commencement of Agreement

$48

$80

October 2015

$49

$82

October 2016

$51

$85

October 2017

$52

$87

October 2018

$54

$90

Increases to the On-Call allowance occur in accordance with the above table and on the first full pay period occurring during the months specified in the above table.

(c)

If You are directed to work while on-call, You will be paid at the overtime rates provided for in subclause 57.2(b) below (if you are a fixed salary employee, the overtime rates will be applied to Your On-Call Fixed Salary Rate). The number of hours for which You will be paid is calculated as follows: (i)

subject to subclause 30(c)iii, if You are called out once in an hour, You will receive payment for a minimum of 1 hour for performing work on that call out;

(ii)

if multiple call-outs occur within the same hour, You will be entitled to be paid for one hour only for performing work on those call outs. However, if multiple call-outs within that hour result in You performing work beyond the hour (including travel time), You will be entitled to overtime for the total time worked;

(iii) any travel time required to and from the location at which Your work is required to be performed will be included in the calculation of Your time worked; and (iv) if You are required to travel to and from the location at which Your work is required to be performed by using Your car while On-Call You may be entitled to an allowance in accordance with clause 26. (d) (e)

All hours worked during an on-call shift will be cumulative for the purposes of the overtime rates in subclause 57.2(b) below. If the total period of the call-out exceeds 4 hours, You should contact Your Leader to confirm what date and time You are next required to report to work.

20


Part 2.3- Leave 31

What is my annual leave entitlement?

31.1

Your entitlement

(a)

If You are a full-time employee, Your annual leave entitlement is 20 days (150 hours) per year of continuous service. Your entitlement to paid annual leave will accrue from year to year and will be credited to You progressively during a year of service.

(b)

If You are a part-time employee (engaged on any basis) You will accrue an amount of paid annual leave based on the entitlement above, but calculated on a pro rata basis having regard to Your ordinary hours of work (and the reference to the hourly equivalents to days of leave in this clause 31 shall be read accordingly).

(c)

If You are a full-time Shiftworker, You are entitled to an additional 5 days (37.5 hours) per year of service. If You are a part-time Shiftworker (engaged on any basis), You will accrue an additional amount of paid annual leave based on the additional leave for a full-time Shiftworker, but calculated on a pro rata basis having regard to Your ordinary hours of work.

31.2

Taking annual leave

(a)

You may take annual leave at a time agreed between You and Your Leader. At least 4 weeks' notice should be given when applying to take annual leave. Shorter notice of annual leave may be acceptable at the discretion of Your Leader, subject to operational and business requirements.

(b)

If You are a Partial Part-Time employee, You can only take annual leave during Your working weeks if Your Leader agrees.

(c)

In the interests of Your wellbeing the Group encourages You to take Your full annual leave entitlement each year including a period of at least 10 consecutive days.

(d)

Your Leader may require You to take annual leave, provided that the requirement is reasonable. Without limiting the circumstances in which a direction may be given, a direction will be considered reasonable in the following circumstances: (i)

if You have accrued more than 40 days' (300 hours) leave if You are a full-time employee, (or the equivalent pro rata amount if You are a parttime employee (engaged on any basis)) provided You are given at least 4 weeks' notice of the requirement to take leave;

(ii)

a Christmas shut-down period outlined in clause 31.3 below; or

(iii) a direction from Your Leader due to reasonable operational requirements of the business. (e)

To assist with exceptional circumstances, and if Your Leader agrees, You can take leave in advance of it accruing. Any annual leave taken in advance under this subclause may be deducted from Your final pay should Your employment end before Your entitlement to take such leave accrues.

(D

If Your period of annual leave includes a period of any other leave under this Agreement (other than a period of unpaid parental leave), then You will not be considered to be on paid annual leave for that other period.

(g)

Payment for annual leave will be made on Your base pay or fixed salary (whichever is relevant to Your classification) for Your ordinary hours during the period of leave taken.

31.3

Christmas shut-down period

(a)

The nature of the Group's business is such that many teams shut-down operations over the Christmas period each year and the business unit operates with skeleton staff only. This shut-down period generally applies between 24 December and 1 January, inclusive.

(b)

Your Leader may determine, at their discretion, that You are not required to work during the shut-down period by providing You with at least 4 weeks' notice.

(c)

If You are not required to work and You have accrued sufficient annual leave, You will be required to take that leave during the shut-down.

(d)

If You do not have sufficient accrued annual leave, Your Leader may direct You to take annual leave in advance during the shut-down.


21

Part 2.3 - Leave 31.4

(continued)

Option to purchase additional annual leave (a)

If You are a full-time employee You may elect to purchase an additional block of: (i)

5 days (37.5 hours); or

(ii)

10 days (75 hours),

of annual leave in addition to Your entitlement in subclause 31.1, by way of a deduction to Your base pay or fixed salary (whichever is relevant to Your classification). (b)

If You are a part-time employee (engaged on any basis) You will be able to purchase an additional amount of annual leave based on the entitlement above, but calculated on a pro rata basis having regard to Your ordinary hours.

(c)

To be eligible for purchasing additional annual leave You must: (i)

have completed at least 12 months of continuous service;

(ii)

have taken at least 10 consecutive days off in the past 12 months, which may incorporate a period of both annual leave and public holidays;

(iii) not have more than 40 days' (300 hours) annual leave already accrued; and (iv) not have exercised an election to purchase additional annual leave within the preceding 12 months. (d)

If You are eligible to purchase additional annual leave, then: (i)

You must make an election in writing to purchase the leave, including the amount of leave which You wish to purchase and the 6, 9 or 12 month period over which You will pay for it;

(ii)

the additional annual leave must be fully paid for by way of deduction of equal instalments from Your base pay or fixed salary (whichever is relevant to Your classification) over the period You have elected, prior to taking the leave;

(iii) the additional leave must be taken within 12 months of it being fully purchased and if it has not, You will be reimbursed for the cost of purchasing the leave, less applicable tax; (iv) when the additional annual leave is taken, You will be paid the actual amount of the deductions from Your base pay or fixed salary (whichever is relevant to Your classification), less applicable tax, regardless of the amount of Your base pay or fixed salary (whichever is relevant to Your classification) at the time of taking the additional annual leave; (v)

no loadings will be payable on any additional annual leave purchased; and

(vi) the standard leave approval process outlined in subclause 31.2 applies to the taking of the additional annual leave purchased. 31.5

Cashing out accrued annual leave (a)

You may elect to cash out Your accrued annual leave in accordance with this clause.

(b)

To be eligible to cash out an amount of annual leave You must:

(i) (ii)

make an election in writing; and retain at least 20 days (150 hours) accrued annual leave (or the equivalent pro rata amount for part-time employees (engaged on any basis)) after the leave is cashed out.

(c)

If You exercise an election to cash out an amount of annual leave in accordance with the above conditions: (i)

the cashing out of the leave in accordance with Your election will be recorded in a separate agreement in writing; and

(ii)

You will receive payment of the amount that would have been payable to You, had You taken that leave (subject to the deduction of tax in the normal way).

22


31.6

Payment for accrued but untaken annual leave on termination

(a)

The Group will pay You for all untaken annual leave (accrued and purchased) on termination of Your employment.

(b)

The payment will be calculated on the basis of the amount that would have been payable to You, had You taken that leave at the time of the termination of Your employment (subject to the deduction of tax in the normal way).

32

What is my Personal/carer's Leave entitlement?

32.1

Your entitlement

(a)

If You are a full-time employee, You will be entitled to 10 days (75 hours) paid Personal/carer's Leave during each year of Your service.

(b)

If You are a part-time employee (engaged on any basis) You will accrue an amount of paid Personal/carer's Leave based on the entitlement above, but calculated on a pro rata basis having regard to Your ordinary hours of work.

(c)

Paid Personal/carer's leave accrues progressively during a year of continuous service, and accumulates from year to year. However, it is not paid out on termination of Your employment.

32.2

Taking paid Personal/carer's Leave

(a)

You must give notice to Your Leader (or another person nominated by the Group) of Your intention to take paid Personal/carer's Leave and the estimated period of Your absence as soon as practicable (which may be a time after the leave has started).

(b)

Paid Personal/carer's Leave can be taken: (i)

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

(ii)

to provide care or support to a member of Your Immediate Family or household, who requires care or support because of: • a personal illness, or personal injury, affecting the member; or • an unexpected emergency affecting the member.

(c)

Payment for paid Personal/carer's Leave will be made on Your base pay or fixed salary (whichever is relevant to Your classification) for Your ordinary hours during the period of leave taken.

(d)

If You do not have sufficient accrued Personal/carer's leave to cover a particular absence, Your Leader may after considering Your personal circumstances and at their discretion: (i)

allow You to use Your accrued annual leave;

(ii)

give You extra unpaid leave; or

(iii) grant You Personal/carer's Leave in advance that will be offset against Your future accrual. 32.3

Evidence of Personal/carer's Leave

(a)

Evidence supporting a claim for paid Personal/carer's Leave may be required if You: (i)

take 2 or more consecutive days of paid Personal/carer's Leave;

(ii)

have taken more than 3 single day absences and You take further single day absences within the same 12 months; or

(iii) take paid Personal/carer's Leave: • immediately before or after a period of leave; • on a day You are scheduled to work on a public holiday; or • on a business day immediately before or after Your usual day/s off (including a weekend or a public holiday). (b)

If You do not provide evidence when required, You will not be paid for the unplanned absence.


23

Part 2.3- Leave 32.4

(continued)

'Planned' Personalfcarer's Leave In circumstances where You have obligations to provide regular, ongoing care or support to a member of Your household or Immediate Family, You are encouraged to discuss these obligations with Your Leader so that, to the extent possible, Your Personal/carer's Leave may be planned and agreed in advance.

32.5

Unpaid carer's leave (a)

You are entitled to take up to 2 days' unpaid carer's leave for each occasion of providing care or support to a member of Your Immediate Family or household.

(b)

Unpaid carer's leave may only be taken after You have exhausted all paid Personal/carer's Leave entitlements.

(c)

Unpaid carer's leave may be taken as: (i)

a single continuous period of up to 2 days; or

(ii)

any separate periods, as agreed with Your Leader.

33 What is my flexible leave entitlement? 33.1

Your entitlement (a)

The Group recognises the need for You to be able to balance Your work and personal life effectively. Therefore flexible leave will be provided for You to attend personal commitments that You are unable to attend outside of Your ordinary hours of work.

(b)

If You are a permanent full-time employee who has completed probation, You may take: (i)

2 days' paid flexible leave during Your first year of service; or

(ii)

3 days' paid flexible leave during Your second year of service; or

(iii) 4 days' paid flexible leave during Your third and subsequent years of service. (c)

If You are a permanent part-time employee (engaged on any basis) who has completed probation, You may take an amount of flexible leave each year based on the entitlement above, but calculated on a pro rata basis having regard to Your ordinary hours of work.

33.2

(d)

For the purposes of this clause 33, each year is based on the anniversary date of the commencement of Your employment.

(e)

Flexible leave does not accumulate from year to year and is not paid out on termination of Your employment.

Taking flexible leave (a)

Flexible leave may be taken as: (i)

a whole day;

(ii)

part of a day; or

(iii) consecutive days, but, cannot be taken in conjunction with either annual leave or long service leave. (b)

You may take flexible leave at a time agreed between You and Your Leader. Your Leader will approve an application to take such leave subject to operational and business requirements.

(c)

The minimum advance notice for planned flexible leave is 5 working days. Shorter notice may be acceptable at the discretion of Your Leader, subject to operational and business requirements.

24


(d)

Flexible leave may also be used in circumstances where You would be eligible to take Personal/carer's Leave but Your Personal/carer's Leave balance has been exhausted and in situations of a sudden and unexpected event that requires Your immediate attention. If You wish to access flexible leave in such situations You must advise Your Leader as soon as possible of:

(e)

(i)

the reasons that You wish to take such leave; and

(ii)

the period of Your proposed absence.

If You wish to use flexible leave in circumstances where You would be eligible to take Personal/carer's Leave but where Your Personal/carer's Leave balance has been exhausted, Your Leader may require You to provide evidence as outlined in subclause 32.3.

(0

Payment for flexible leave will be made on Your base pay or fixed salary (whichever is relevant to Your classification) for Your ordinary hours during the period of leave taken.

34 What is my compassionate leave entitlement? 34.1


You are entitled to a period of up to 5 days' compassionate leave on each separate occasion when a member of Your Immediate Family or household or a person with whom You have a close association:

(b)

(i)

is suffering a life threatening illness or injury; or

(ii)

dies.

If You are a part-time employee (engaged on any basis) You will be entitled to a period of compassionate leave based on the entitlement above, but calculated on a pro rata basis having regard to Your ordinary hours of work. This entitlement will not be less than 2 days per occasion.

(c)

Additional leave may be granted at the discretion of Your Leader.

(d)

If You are:

(e) (0

(i)

an employee (other than a casual employee), the compassionate leave above is paid leave; and

(ii)

a casual employee, the compassionate leave above is unpaid leave.

This entitlement does not accrue from year to year. Reasonable additional compassionate leave (paid or unpaid) may be granted at the discretion of Your Leader where You have assumed a significant responsibility for arrangements associated with the leave, or where cultural obligations necessitate a longer period of compassionate leave.

(g)

As well as compassionate leave, it may be possible for You to use accrued annual leave to take additional time off work. In addition, You may, at the discretion of Your Leader, also be able to take leave in advance or unpaid leave to help You through this period.

(h) 34.2

You will also have access to the Group's employee assistance provider should you require support.

Taking compassionate leave (a)

Your compassionate leave entitlement may be split, for example, to allow for attendance at the funeral at a later date, or for taking of compassionate leave over part days.

(b)

You must give notice to Your Leader of Your intention to take compassionate leave and the estimated period of Your absence as soon as practicable (which may be a time after the leave has started)

(c)

Payment for compassionate leave will be made on Your base pay or fixed salary (whichever is relevant to Your classification) for Your ordinary hours during the period of leave taken.


25

Part 2.3 - Leave 34.3

(continued)

Evidence of compassionate leave Evidence of circumstances for taking compassionate leave may be required. If You do not provide evidence when required You will not be paid for the absence.

35 What is my community service leave entitlement? 35.1


Subject to this clause and the Fair Work Act, You are eligible for unpaid community service leave if You are required to engage in an Eligible Community Service Activity.

(b)

The period during which You are entitled to be absent from work to engage in the activity includes: (i)

the time when You are engaging in that activity;

(ii)

reasonable travelling time associated with that activity; and

(iii) reasonable rest time immediately following that activity. However, for activities other than jury service, You are only entitled to be absent from work for a period if Your absence is reasonable in all the circumstances. (c)

If You are absent from work for a period because of jury service and You are not a casual employee, Your community service leave outlined above will be paid leave, subject to any jury service pay You receive being paid to the Group. You are entitled to retain any travel expenses or meal money paid to You in relation to jury service.

35.2

Taking community service leave (a)

You must give notice to Your Leader of Your intention to take community service leave and the estimated period of Your absence as soon as practicable (which may be a time after the leave has started).

(b)

Evidence of the taking of community service leave may be required. If You do not provide evidence when required You will not be entitled to be absent.

36 What is my volunteer leave entitlement? 36.1


The Group values the communities in which employees work and live. You are strongly encouraged to give back to Your community by becoming involved in charitable and community projects.

(b)

If You are a full-time or part-time employee (engaged on any basis) who has completed at least 3 months' continuous service with the Group, You will have the opportunity to take: (i)

1 day; or

(ii)

2 half days; or

(iii) a series of segments which collectively add up to 1 day, of paid leave each financial year to provide volunteer assistance to a Charitable and Community Organisation.

26


36.2

Taking volunteer leave

(a)

You may take volunteer leave at a time agreed between You and Your Leader. Your Leader may approve an application to take such leave, subject to operational and business requirements.

(b)

The minimum advance notice for volunteer leave is 10 working days. Shorter notice of volunteer leave may be acceptable at the discretion of Your Leader, subject to operational and business requirements.

(c)

Payment for volunteer leave will be made on Your base pay or fixed salary (whichever is relevant to Your classification) for Your ordinary hours during the period of leave taken.

37 What is my parental leave entitlement? 37.1

Unpaid Primary Carer's Leave

(a)

You will receive unpaid parental leave entitlements (Unpaid Primary Carer's Leave) as specified in the Fair Work Act, as amended from time to time. In summary, and without intending to affect those entitlements, if You meet the eligibility requirements, You will be able to take 12 months' unpaid parental leave, with the right to request an additional 12 months' unpaid parental leave.

(b)

In summary (and without intending to affect any entitlements You may have under the Fair Work Act, as amended from time to time), as at the commencement date of this Agreement, You are eligible for parental leave under the Fair Work Act if You are: (i)

a full-time or part-time employee (engaged on any basis) who has completed at least 12 months' continuous service with the Group, immediately before the expected date of birth or day of placement of the child; or

(ii)

a casual employee who has been engaged by the Group on a regular and systematic basis over a time-frame of at least 12 months, and who (but for an expected birth or placement of a child) would have a reasonable expectation of continuing engagement with the Group on a regular and systematic basis.

(c)

In order to take unpaid parental leave, You must comply with the notice and evidence provisions in the Fair Work Act.

(d)

There is no limit to the number of times You are able to take parental leave.

(e)

Annual leave, long service leave and paid parental leave may be taken during a period of unpaid parental leave, however, Your total absence from work (including any period of paid leave) cannot exceed 12 months (or any extended period agreed by the Group).

(D

You and the Group may agree that You can perform paid work during a period of unpaid parental leave. This work will be performed on terms and conditions as agreed between You and the Group, which may differ from Your pre-leave position.

37.2

Paid Primary Carer's Leave

(a)

If You: (i) (ii)

are a permanent full-time or part-time employee (engaged on any basis); and have completed at least 12 months' continuous service with the Group, immediately before the expected date of birth or day of placement of the child; and

(iii) are the Primary Carer upon the date of birth or day of placement of the child, then, subject to this clause, You are entitled to a period of paid parental leave ("Paid Primary Carer's Leave") as follows: • 13 weeks at full pay; or • 26 weeks at half pay. (b)

Payment for this leave will be at Your base pay or fixed salary (whichever is relevant to Your classification) for Your ordinary hours during the period of leave taken.

(c)

For part-time employees (other than Partial Part-Time employees), the amount of Paid Primary Carer's Leave You may take is based on the fulltime entitlement, but calculated on a pro rata basis, having regard to Your average ordinary hours worked in the 6 months immediately prior to commencing the leave. Suncorp Group Enterprise Agreement 2015

27

Part 2.3 - Leave (d)

(continued)

If you are a Partial Part-Time employee and You qualify for Paid Primary Carer's Leave, then: (i)

You can take the leave during a non-working week; but

(ii)

the amount of Paid Primary Carer's Leave You may take is based on the full-time entitlement, but calculated on a pro rata basis, having regard to the number of Your working weeks agreed under subclause 18.3.

(e)

In relation to Paid Primary Carer's leave: (i)

this leave commences upon the date of birth or day of placement of the child, unless the leave is birth-related leave for a female employee who is pregnant, in which case the period of leave may start up to 6 weeks before the expected date of birth;

(ii)

this leave is taken concurrently with Unpaid Primary Carer's Leave. That is, a period of Paid Primary Carer's Leave does not extend the total period during which You may be absent on parental leave;

(iii) the same notice and evidence requirements that apply in relation to Unpaid Primary Carer's Leave also apply in relation to Paid Primary Carer's Leave- and You must also inform the Group whether You wish to take Paid Primary Carer's Leave at full pay or half pay; (iv) if both partners work for the Group the period of Paid Primary Carer's Leave can only be taken by one partner; (v)

if You receive Paid Primary Carer's Leave You will not be eligible to receive Paid Secondary Carer's Leave; and

(vi) if You are the Secondary Carer and within 13 weeks of the date of birth or placement of the child, the Primary Carer becomes ill or incapacitated and is unable to care for the child, then subject to the remainder of this clause, the Group will provide You the opportunity to take the remainder of the 13 weeks as Paid Primary Carer's Leave. If You elect to take the remainder of the 13 weeks as Paid Primary Carer's Leave then: • if You have not, at the time You commence such Paid Primary Carer's Leave, taken any Paid Secondary Carer's Leave, then Your entitlement to Paid Secondary Carer's Leave will be reduced by the period of any Paid Primary Carer's Leave You take under this subclause 37.2(e)vi; • You may be required to provide notification and evidence supporting Your request for Paid Primary Carer's Leave under this subclause 37.2(e)vi; and • any election under this subclause 37.2(e)vi does not affect Your ability to take a period of unpaid parental leave under the Fair Work Act. (D

37.3

You may also be entitled to unpaid parental leave in accordance with clause 37.1 above.

Returning from Unpaid or Paid Primary Carer's Leave Upon returning from a period of Unpaid or Paid Primary Carer's Leave (whichever is longer) You will be entitled to return to the same role You were in prior to the leave, or if that position no longer exists, a comparable role (as defined in clause 45.3(d) below).

37.4

Secondary Carer's Leave (a)

If You: (i) (ii)

are a permanent full-time or part-time employee (engaged on any basis); have completed at least 12 months continuous service with the Group, immediately before the expected date of birth or day of placement of the child; and

(iii) are the Secondary Carer, then, subject to this clause, You are entitled to: • a period of paid parental leave ("Paid Secondary Carer's Leave") of either 2 weeks at full pay or 4 weeks at half pay; and • a period of 2 weeks' unpaid parental leave(" Unpaid Secondary Carer's Leave"). For part-time employees (other than Partial Part-Time employees), Your paid entitlement will be on a pro rata basis, calculated on the average ordinary hours worked in the 12 months of service immediately prior to commencing parental leave.

28


(b)

If you are a Partial Part-Time employee and You qualify for Paid Secondary Carer's Leave, then: (i)

You can take the leave during a non-working week; but

(ii)

the amount of Paid Secondary Carer's Leave You may take is based on the full-time entitlement, but calculated on a pro rata basis, having regard to the number of Your working weeks as agreed under subclause 18.3.

(c)

In relation to Paid and Unpaid Secondary Carer's Leave: (i)

the same notice and evidence requirements that apply in relation to Unpaid Primary Carer's Leave also apply in relation to Paid Secondary Carer's Leave;

(ii)

You may take Paid and Unpaid Secondary Carer's Leave at any time within the first 12 months of the date of birth or adoption of the child. How You take the leave is as agreed between You and Your Leader, but could include single day absences or an agreed number of days of absence per week until the leave is expended;

(iii) such leave shall be taken concurrently with any period of unpaid parental leave to which You may also be entitled (such as concurrent leave under the Fair Work Act). That is, a period of Paid or Unpaid Secondary Carer's Leave does not extend the total period during which You may be absent on unpaid parental leave; (iv) payment for such leave will be at Your base pay or fixed salary (whichever is relevant to Your classification); and (v) (d)

if You receive Paid Secondary Carer's Leave You will not be eligible for Paid Primary Carer's Leave, subject to clause 37.2(e)vi.

Any further unpaid parental leave for the Secondary Carer, in addition to any leave to which You may be entitled under the Fair Work Act, may be available at the discretion of Your Leader.

37.5

Pre natal leave (a)

If You are, or Your partner is, pregnant You may access Your Personal/carer's Leave entitlements to attend an appointment/s associated with the pregnancy, subject to You producing evidence of the appointment if requested by Your Leader.

(b) 37.6

Where possible, 2 weeks' notice of the appointment should be provided to Your Leader.

Interaction with any statutory paid parental leave scheme (a)

During the term of this Agreement it is possible that the Federal Parliament will introduce a new paid parental leave scheme.

(b)

If a new scheme is introduced, and you receive a benefit under that scheme, You will not be entitled to paid parental leave under this clause 37.

38 What is my long service leave entitlement? 38.1


If You are a full-time employee, You are entitled to long service leave at 8.667 weeks after 10 years of continuous service.

(b)

If You are a part-time employee (engaged on any basis) You will accrue an amount of long service leave based on the entitlement above, but calculated on a pro rata basis having regard to Your ordinary hours of work.

(c) 38.2

If You are a casual employee, You are entitled to long service leave in accordance with the provisions of the laws applicable to You.

Taking long service leave (a)

You are entitled to take an amount of long service leave after You have completed 7 years' continuous service with the Group.

(b)

The time at which You may take a period of long service leave must be agreed between You and Your Leader. If You wish to take long service leave, You must: (i)

apply in writing to Your Leader, specifying the intended dates of Your long service leave; and

(ii)

give the written application to Your Leader at least 8 weeks prior to the intended start date of Your long service leave. A shorter period of notice may be acceptable at the discretion of Your Leader, subject to operational and business requirements.


29

Part 2.3 - Leave

(continued)

Applications for long service leave may be approved at the discretion of Your Leader, subject to operational and business requirements. (c)

If You are a Partial Part-Time employee, You can only take long service leave during Your working weeks if Your Leader agrees.

(d)

Payment for long service leave will be made on Your base pay or fixed salary (whichever is relevant to Your classification) for Your ordinary hours during the period of leave taken.

(e)

Long service leave is to be taken in a minimum block of 2 weeks unless You and Your Leader agree otherwise.

(0

You may also use long service leave, by agreement with your Leader, to allow you to work more flexibly over a period of time. This might include, for example, working 4 days per week as a transition to retirement, on return from parental leave or if You have caring responsibilities.

38.3

Payment of accrued but untaken long service leave on termination (a)

If You have completed more than 5 years' continuous service with the Group and Your employment is terminated by either You or the Group due to: (i)

Your position being declared redundant; or

(ii)

Your illness, incapacity, domestic or other pressing necessity,

then You will receive payment on termination in respect of any accrued but untaken long service leave. (b)

If You have completed 7 or more years' continuous service with the Group, and You leave the Group for any reason other than serious misconduct, then You will receive payment on termination in respect of any accrued but untaken long service leave entitlement.

(c)

Any payments under this subclause will be calculated on the basis of the amount that would have been payable to You, had You taken that leave at the time of the termination of Your employment (subject to the deduction of tax).

38.4

State or Territory Legislation The operation of this clause is subject to any more generous long service leave entitlements applying to You, under legislation in force in the State or Territory of Your normal location of work.

39 When can I take a career break? 39.1


The Group offers unpaid career breaks with the intention of providing permanent full-time and part-time employees (engaged on any basis) who are at least meeting the Group's performance expectations, with an opportunity to take a break from their career and to return to the Group.

(b)

You may, after 12 months' continuous service with the Group, apply for an unpaid career break of between 3 months and up to 12 months in duration.

39.2

Taking a career break (a)

Some examples of reasons for taking a career break can be, but are not limited to: (i)

study;

(ii)

full-time care for a family member who is seriously/terminally ill;

(iii) travel; (iv) military service; (v)

volunteering activities; or

(vi) religious reasons.

30


A career break may also be granted for other reasons at a Leader's discretion. (b)

If You wish to apply to take a career break: (i) (ii)

You must apply in writing to Your Leader; Your written application must be made at least 12 weeks prior to the intended commencement of the break (however, a shorter period may be acceptable at the discretion of Your Leader, subject to operational and business requirements); and

(iii) Your written application must be supported by such evidence and other materials as Your Leader may reasonably require. (c)

Your application may be approved subject to Your overall performance, length of service, the purpose for which You intend to take the break, and the Group's operational and business requirements.

(d)

Annual and/or long service leave may be taken in conjunction with a career break, however Your total absence from work (including any period of paid leave) cannot exceed 12 months.

(e)

Upon Your return from Your career break, You will be entitled to a comparable role (as defined in clause 45.3(d) below) at Your previous base pay or fixed salary, but not necessarily the same role.

(0

A career break cannot be used to extend a period of parental leave.

40 When can I take a career day? (a)

The Group provides permanent full-time and part-time employees (engaged on any basis) who have at least 12 months' continuous service, with the opportunity to experience 1 day each financial year in the life of another role in the Group's business.

(b)

This initiative is designed to encourage: (i)

You to obtain an insight into the many alternative career opportunities within the Group;

(ii)

discussion between You and Your Leader about Your career aspirations and opportunities within the Group; and

(iii) co-operation between business units. (c)

You must apply in writing to Your Leader if You wish to take a career day, and Your application must specify the goals You hope to achieve during Your career day. Your Leader may approve the career day at their discretion, taking into account the operational needs of the business, including the appropriate timing and viability of undertaking a career day.


31

Part 2.4- Termination of employment 41

Notice of termination (a)

If You resign and do not give the full period of notice required by this Agreement or by legislation, the Group may deduct from any payment owing to You a sum equivalent to the period of the unexpired notice.

(b)

During probation, either You or the Group can end the employment by giving 1 week's notice in writing, except in the case of serious misconduct that justifies instant dismissal under clause 42 below.

(c)

If either You or the Group gives notice of termination, the Group may at any time during the notice period, at its discretion, pay You in lieu of any unexpired portion of the notice period.

(d)

If You are a base pay employee, Your required period of notice is set out in clause 60.2. If You are a fixed salary employee, Your required period of notice is set out in clause 66.2.

42

When can I be dismissed without notice? (a)

If You engage in conduct warranting Your summary dismissal (including serious misconduct) or any continued non-observance or non-performance of any of the terms and conditions of Your employment, the Group may dismiss You immediately without notice.

(b)

If Your employment is terminated under this clause 42, You will receive payment only in respect of the following up to the date of termination: (i)

time actually worked;

(ii)

any accrued but outstanding entitlements owed to the You by virtue of this Agreement and/or applicable legislation; and

(iii) any amount deducted from Your base pay or fixed salary (whichever is relevant to Your classification) to pay for purchased annual leave which You have not yet taken.

43

What notice will I receive if I am a casual employee? (a)

Except where You can be dismissed without notice (as outlined in clause 42 above), the Group may terminate Your employment by giving 3 hours' notice of termination of employment (or payment in lieu thereon if You are a casual employee.

(b)

As a casual employee, You may terminate Your employment with the Group by giving 3 hours' notice of termination of employment.

44 What other arrangements apply on termination? 44.1

References

It is not the Group's practice to provide either oral or written references for employees. Statements of service will be provided if You request one at the time of. or within 2 weeks after, the termination of Your employment. 44.2

Debts owed on termination of employment

(a)

if. at the time of termination of Your employment, You owe the Group money as a result of Your employment arrangements, the Group may, to the extent permitted by legislation, deduct the amount owed from any termination payments made to You.

(b)

If the amounts owed by You to the Group on the day Your employment ends exceed amounts payable to You, You agree to repay such amounts to the Group within 14 days of the day on which Your employment ends.

44.3

Return of property

On or before Your last day of employment, You must return to the Group all property belonging to the Group that is in Your possession or acquired by You in the course of Your employment.

32


Part 2.5 - Redundancy 45 What are my redundancy entitlements? 45.1

Redundancy

You will be entitled to receive notice and be paid a redundancy payment as outlined in this clause 45 if Your employment is terminated: (a)

at the initiative of the Group because it no longer requires the job done by You to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or

(b) 45.2

because of the insolvency or bankruptcy of the Group.

Notice of termination for redundancy

If Your employment is terminated in the circumstances referred to in subclause 45.1 above and: (a)

You are a permanent full-time or part-time employee (engaged on any basis) then You will be entitled to receive 6 weeks' notice or a payment in lieu of such notice (which, for the avoidance of doubt, shall be in substitution for any lesser period of notice to which You may be entitled, whether under this Agreement or otherwise); or

(b)

You are a casual, Maximum Term, Fixed Term (or Fixed Task) employee, then You may be entitled to notice of termination in accordance with other provisions of this Agreement (if applicable).

45.3

Redundancy payments for permanent full-time and part-time employees

(a)

For employees other than casual, Maximum Term, Fixed Term (or Fixed Task), if Your employment is terminated in the circumstances referred to in subclause 45.1 above then You will be entitled to a redundancy payment based on Your period of continuous service with the Group in accordance with the table below and the following provisions: (i)

if You are a full-time employee on termination, but have, for some part of Your period of continuous service, been employed as a part-time employee (engaged on any basis) Your redundancy payment in the table below will be adjusted, on a pro-rata basis, to take into account the period during which You were a part-time employee;

(ii)

if You are a part-time employee (engaged on any basis) on termination, but have, for some part of Your period of continuous service, been employed as a full-time employee, Your redundancy payment in the table below will be adjusted, on a pro-rata basis, to take into account the period during which You were a full-time employee;

(iii) if You are a fixed salary employee, a 'weeks pay' in the table below will be calculated by reference to Your fixed salary (per week) on the date Your employment terminates; and (iv) if You are a base pay employee, a 'week's pay' in the table below will be calculated by reference to Your average weekly earnings in the 6 months preceding the date Your employment terminates- where 'earnings' means Your base pay and any loadings paid to You (but excluding any overtime or other payments). Period of continuous service with the Group on termination

Not more than 1 year

Redundancy payment

Pro rata payment for each completed month of service (based on 7 weeks for a full year)

More than 1 year but not

• 7 weeks for the first year of service;

more than 10 years

• 3 weeks for each completed year of service after the first year; and • A pro rata payment for each completed month in the final year of service.

More than 10 years

• 7 weeks for the first year of service; • 3 weeks for each completed year of service after the first year and up to 10 years' continuous service; • 4 weeks for each completed year of service after 10 years' of continuous service; and • A pro rata payment for each completed month in the final year of service. Suncorp Group Enterprise Agreement 2015

33

Part 2.5 - Redundancy (b)

(continued)

Any redundancy payment calculated in accordance with the above table will be subject to a maximum of 80 weeks. This maximum is in addition to any payment in lieu of notice You may be entitled to under clause 45.2.

(c)

You will not be entitled to a redundancy payment if at any time: (i)

You are offered and accept alternative employment with any employer (including the Group) which recognises Your period of continuous service with the Group; or

(ii) (d)

You are offered and refuse to accept a comparable role with any employer (including the Group).

For the purposes of subclause 45.3(c) above, a comparable role is a job, role or position in which: (i)

the terms and conditions of employment are substantially similar to, and, considered on an overall basis, no less favourable than, the terms and conditions of Your role with the Group immediately before Your role was made redundant;

(ii)

Your base pay or fixed salary (whichever is relevant to Your classification) is not less than the base pay or fixed salary You are receiving immediately prior to the redundancy; and

(iii) Your period of continuous service with the Group will be recognised. (e)

The determination referred to in subclause 45.3(d)i above will take into account the following factors: (i)

Your skills, experience and capabilities;

(ii)

the duties and requirements of the comparable role;

(iii) location of the comparable role; and (iv) any other relevant factors. (D

If You qualify for both a redundancy payment under this subclause 45.3 and Statutory Redundancy Pay, You will receive the greater of the two entitlements. The redundancy payment under this subclause 45.3 includes payment in respect of any entitlement to Statutory Redundancy Pay.

45.4

Redundancy payments for Maximum Term Employees

If You are a Maximum Term Employee and Your employment is terminated in the circumstances referred to in subclause 45.1 above, then You may be entitled to receive Statutory Redundancy Pay as specified in the Fair Work Act. 45.5

Support options

If Your employment is terminated in accordance with subclause 45.1 above, support services will be made available by the Group and may include the services of an outplacement consultant, vocational assistance and/or access to the employee assistance provider.

34


Part 2.6- General clauses on remuneration 46 When am I paid? (a)

Your base pay or fixed salary (whichever is relevant to Your classification), and any applicable overtime, loadings, penalties or allowances less applicable tax, will be paid fortnightly by electronic funds transfer into a financial institution account nominated by You.

(b)

When You receive Your base pay or fixed salary (whichever is relevant to Your classification) You will have access to a payslip in either hard copy or electronically, detailing the base pay or fixed salary payable and all additions and deductions made for the relevant period.

(c)

Your fortnightly payment will be 1/26th of Your base pay or fixed salary (whichever is relevant to Your classification) plus any applicable overtime, loadings, penalties or allowances.

47

Superannuation The Group will: (a)

make minimum superannuation contributions (which are currently 9.5% of ordinary time earnings) on Your behalf in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth) and the Superannuation Guarantee Charge Act 7992 (Cth); and

(b)

make the minimum superannuation contributions to: (i)

a complying superannuation fund chosen by You in accordance with the Superannuation Guarantee (Administration) Act 7992 (Cth); or

(ii)

if You do not choose a complying superannuation fund, the Group's default superannuation fund (which is currently Suncorp Employee Superannuation Plan) or another complying superannuation fund nominated by the Group from time to time (provided that it offers a MySuper product or otherwise satisfies the requirements of the Fair Work Act).

48 What is my Pay Band?

49

(a)

Each role performed by an employee covered by this Agreement will be allocated to a Pay Band by the Group.

(b)

You will be advised of the Pay Band applicable to Your role: (i)

at the time of recruitment or during a promotion or transfer to an alternative role within the Group; or

(ii)

if Your role is reclassified into a different Pay Band.

How can I package my salary? (a)

If You are a permanent full-time or part-time employee (engaged on any basis) You may request, and the Group may agree, to You entering into a salary packaging arrangement.

(b)

Under a salary packaging arrangement, the Group may come to an agreement with You to take part of Your base pay or fixed salary (whichever is relevant to Your classification) as a non-cash benefit.

(c)

The following conditions will apply to all salary packaging arrangements entered into pursuant to this clause: (i)

the structure of the salary packaging arrangement must comply with taxation and other relevant legislation;

(ii)

any costs associated with the salary packaging arrangement will be borne by You, and the Group will not be liable to make up any salary lost as a consequence of Your decision to adopt or cease a salary packaging arrangement; and

(iii) in the event that changes to fringe benefits tax, income tax, superannuation or other legislation, or any other changes, have the effect of increasing the cost of a salary packaging arrangement to the Group, such increased cost will either be paid by You or You may elect to cease the salary packaging arrangement, provided that in such case You remain liable to pay for all costs related to the arrangement.


35

Part 3- Terms specific to Pay Bands A1 to A4 50 Who does this Part 3 apply to? As stated in clause 2 above, this Part 3 (clauses 50 to 60) applies to You only if You are performing a role classified between Pay Band A1 and Pay Band A4.

51

How do I know when I am rostered to work?

51.1

Your roster

(a)

If working on a roster, Your scheduled hours will be rostered over a 4 week period and will be made available to You at least 4 weeks in advance.

(b)

Special roster requests must be provided at least 2 weeks prior to the rosters being released and must be approved by Your Leader.

(c)

You will be provided with 2 weeks' notice of changes to Your roster except in emergency and unforeseen circumstances.

(d)

You will be given at least 8 weeks' notice of any requirement that You work on the Christmas and Easter period public holidays and at least 4 weeks' notice of the actual times to be worked on those days, subject to the operation of subclause 16.2.

(e)

(0

51.2

You will be rostered off duty for at least 4 days per fortnight: (i)

in 2 blocks of 2 consecutive days off; or

(ii)

3 consecutive days on 1 occasion and 1 day on another.

You must be ready to commence work at Your rostered start time.

length of time You are entitled to be off duty

(a)

You are entitled to at least 10 hours uninterrupted off duty between the end of Your rostered hours and when Your next rostered hours begin unless: (i) (ii)

You swap Your shift in accordance with subclause 51.3 below; or You are a Traditional Part-Time employee or Flexible Part-Time employee, in which case You are entitled to at least 10 hours uninterrupted off duty between the end of Your period of overtime (if any) and when Your next rostered hours begin. This subclause (ii) does not apply to Partial Part-Time employees.

(b)

If Your Leader asks You to return to work without having had 10 hours off duty, then You will be paid at overtime rates of double-time until You go off duty.

(c)

Alternatively, if agreed, You can arrange to start Your next rostered hours at a later time to give You a 10 hour uninterrupted break and still finish Your shift at the scheduled time. You will be paid Your ordinary time rate for Your entire rostered hours.

51.3

Swapping Your rostered hours

(a)

You can swap Your scheduled hours with another employee at the discretion of Your Leader, subject to operational and business requirements.

(b)

This is an arrangement to increase flexibility in managing Your work-life balance. In order for all employees to utilise this clause fairly it will be monitored by Your Leader.

(c) 51.4

You can only swap scheduled hours if You are still able to have at least 7 hours uninterrupted time off duty before the start of Your next shift.

Rest breaks

(a)

If You are a full-time employee working on a roster You are entitled to two blocks of 10-minute paid rest breaks at times determined by Your Leader.

(b)

If You are a part-time employee (engaged on any basis) working on a roster You are entitled to rest breaks determined by Your Leader as follows. If You work: (i)

less than 3 hours per day- no break;

(ii)

3 or more hours but less than 5 hours per day- a 10-minute paid break;

(iii) 5 hours per day- a 15-minute paid break; (iv) more than 5 hours but less than 7.5 hours per day- a 10-minute paid break, plus an unpaid meal break; (v)

36

7.5 hours or more per day- same as full-time employees.


52

How can my working arrangements be changed temporarily? (a)

Temporary changes may be made to Your working arrangements and/or the Group may request You to work overtime at short notice as a result of unforeseen circumstances affecting business requirements or a major natural event (Unforeseen Event). Examples of an Unforeseen Event include:

(b)

(i)

a flood, cyclone, or severe storm; or

(ii)

a distinct event that increases work volumes above normal work patterns.

In determining who will work in these circumstances: (i)

in the first instance, volunteers will be called from the business area affected by the Unforeseen Event;

(ii)

if there are not enough volunteers, Your Leader will attempt to reach agreement with You to vary Your hours in a way that suits You and the business, taking into account such matters as personal commitments, spreading overtime fairly and the operational needs of the business; and

(iii) where agreement cannot be reached, Your Leader may temporarily change Your hours of work to meet the operational needs of the business. The operation of this subclause is subject to subclause 14.3. (c)

Full-time and part-time employees (engaged on any basis) who perform work outside their ordinary hours in accordance with this clause 52, will receive overtime rates for the period they are required to work in accordance with subclause 57.2 below.

(d)

Where loadings apply to the work that You perform under this subclause, You will be paid either the loading or overtime rates for that period, whichever is the greater.

(e)

If Your Leader agrees, reasonable travel costs incurred in travelling to and from work under this clause 52 may be reimbursed. Arrangements under clauses 27 and 28 may also apply.

53 What arrangements apply if I am working at another location temporarily? If You are directed to work at a location other than Your usual place of employment on a temporary basis, You will be paid at half Your hourly rate for any time travelling to/from the temporary location to Your usual place of residence each day which is: (a)

in excess of 30 minutes in duration; and

(b)

outside Your ordinary hours.

54 What is my minimum base pay? (a)

You will not be paid below the minimum base pay for the Pay Band applicable to Your role.

(b)

If You are a full-time employee You will receive a minimum base pay dependent on the Pay Band at which Your role is classified as follows:

(c)

Pay Band

Minimum base pay per annum

A1

$38,831

A2

$42,879

A3

$43,000

A4

$43,250

If You are a part-time employee (engaged on any basis) You will be entitled to a minimum base pay based on the entitlement above but calculated on a pro rata basis having regard to Your ordinary hours of work.

(d)

On an annual basis, the Group will review the minimum for each Pay Band.


37

Part 3- Terms specific to Pay Bands A1 to A4 (continued) 55 Will my minimum base pay be increased? (a)

During the term of this Agreement, and subject to this clause 55, You may be eligible to receive an increase to Your minimum base pay if You have been:

(b)

(i)

employed for at least 3 months prior to the date the increase is effective; and

(ii)

assessed as at least meeting the Group's performance expectations in the review period to which the increase relates.

In accordance with the table below, increases can occur in two ways: (i)

Guaranteed base pay increase- a permanent percentage increase to Your base pay; and

(ii)

Guaranteed merit pool- a guaranteed pool will be spent by the Group to increase employees' base salaries in recognition of their individual performance. This pool represents a percentage of the total base pay for all employees to whom Part 3 of this Agreement applies. Any increase to Your base pay as a result of the guaranteed merit pool distribution is at the discretion of the Group. Effective date of increase from the first full pay period in:

Guaranteed base pay increase (%)

Guaranteed merit pool (%)

October 2015

2%

1%

October 2016

2%

1%

October 2017

1.5%

1.5%

October 2018

1.5%

1.5%

56 What is the short term incentive pool? (a)

You may be eligible to participate in a short term incentive (STI) arrangement offered by the Group at least half yearly, or at more frequent intervals as determined by the Group.

(b)

An STI payment is a lump sum amount paid to You over and above Your base salary and is based on Your performance in Your role. An STI payment does not increase Your base salary.

(c)

In each year of the term of this Agreement, a performance bonus pool will be available at the absolute discretion of the Board, taking into account the Group's performance for the previous financial year. This performance bonus pool is for the purpose of rewarding high performing employees to whom this Part 3 of the Agreement applies.

(d)

If approved, the performance bonus pool would represent a percentage of the total base salary for all employees to whom this Part 3 of the Agreement applies, as follows:

(e)

38

Performance bonus payment month (or more regularly at the Group's discretion)

Annual potential performance bonus pool (%)

September 2015

5%-12.5%

September 2016

5%- 12.5%

September 2017

5%- 12.5%

September 2018

5%- 12.5%

Distribution of any part of the performance bonus pool to employees as an STI payment is at the Group's discretion.


57 What will I be paid if I am required to do overtime? 57.1

Overtime

(a)

Overtime means the hours You are required to work in excess of Your ordinary hours or, unless You are a Rostered Employee, outside the scope of ordinary hours specified in subclause 14.1 (a) above. Overtime does not include times when You are required to stay in overnight accommodation at the Group's expense.

(b)

Your Leader may require You to work reasonable overtime. Overtime is only paid where it is authorised and when Your Leader has given prior approval to it being worked.

(c) 57.2

The operation of this clause is subject to subclause 14.3.

Payment for overtime

(a)

Payment for overtime will be calculated using Your base pay, and will be made in the pay period following the end of the pay fortnight in which it is performed.

(b)

You will be paid for any authorised overtime You work at the rate of: (i)

time-and-a-half for the first 2 hours and double-time thereafter;

(ii)

double-time on Saturdays and Sundays;

(iii) triple-time for all hours worked on Good Friday and Christmas Day; and (iv) double-time and-a-half for all hours worked on all other public holidays. (c)

Overtime rates will not apply if (in accordance with this Agreement) You are entitled to a higher loading or penalty in relation to the work You perform.

(d) (e)

In computing overtime, each day's work will stand alone. If You are asked to work overtime on a day that You are not scheduled to work and once You arrive or commence work are subsequently informed that You are no longer required to work the hours You were requested to work, You will be paid a minimum of 4 hours at overtime rates. You will receive payment if you are informed less than 2 hours prior to the intended commencement time of the overtime work, however if you receive greater than 2 hours' notice you will not receive payment.


39

Part 3- Terms specific to Pay Bands A1 to A4 (continued) 57.3

Time off in lieu of overtime (a)

You can request to take time off in lieu instead of being paid for Your overtime (i.e. 1 hour off for each hour of overtime worked). This can only occur at Your election and where Your Leader agrees.

(b)

The time off is to be taken at a time agreed between You and Your Leader.

(c)

If You have not taken the time off in lieu of overtime within 2 months of working the overtime: (i)

You can request payment; or

(ii)

the Group can elect to make payment to You,

at the overtime rate, for the overtime worked. 57.4

Transport home When You are directed to work overtime between: (a)

8:00 pm and 6:00 am in Spring or Summer months; and

(b)

7:00 pm and 6:00 am in Autumn or Winter months,

the Group will pay Your transport costs to Your usual place of residence, by the most reasonable form of transport, if required by You. 57.5

Rest breaks If You are required to work overtime that results in You having worked 5 hours since Your last break You will be allowed a 20 minute paid rest break.

58 What loadings do I receive? 58.1

Penalty rates (a)

(b)

If You are a Rostered Employee, You will be paid penalty rates (in addition to Your normal base pay) as follows: Days

Shift Time

Penalty Rate

Monday- Friday

Any shift commencing between 4am and 7am

12.5% for the entire shift

Monday- Friday

Any shift finishing between 6pm and midnight

25% for the entire shift

Monday- Friday

Any shift finishing between midnight and Sam

60% for the entire shift

Saturday and Sunday (Excluding

Any hours worked on a weekend excluding Saturday

100% for all such hours

Saturday Bam to 12 noon)

Bam -12 noon

For the avoidance of doubt, the above penalty rates do not apply where either overtime rates, under clause 57 above, or public holiday work loadings, under subclause 58.3 below applies.

58.2

Annual leave loadings (a)

Except if You are a casual employee, You will be eligible for a loading when You take annual leave as follows: (i)

17.5% annual leave loading; or

(ii)

Your normal penalty rates, as outlined in subclause 58.1 above,

whichever is the greater of the two over the entire period of consecutive leave. (b)

You will be eligible for annual leave loading (as specified above) for accrued annual leave, excluding any purchased leave, paid on termination of employment.

40


58.3

Public holiday work loadings (a)

If You work on a public holiday, the hour> that You work will attract the following loading (in addition to Your base pay): (i)

Good Friday and Chri>tma> Day- 200%;

(ii)

work on all other public holidays- 150%.

(b)

For the avoidance of doubt, public holiday work loadings do not apply where overtime rate>, under clause 57 above apply.

(c)

Where Chri>tmas Day (25 December) falls on a weekend and the Government gazettes another day in substitution, You are entitled to a loading of 200% if You work Christmas Day and a loading of 150% if You work the substituted day.

(d)

However, if You work on a public holiday, You may request an additional day in lieu in>tead of being paid the public holiday loading. You must advise Your Leader in writing prior to the public holiday if You wish to do this. The day off in lieu mu>t be taken within 2 months of the public holiday occurring (and if it is not, then You shall receive the loading). For the purpose of this subclause 'a day' means the hour> You were rostered to work on the public holiday.

(e)

Subject to the above provisions, if You work on a public holiday: (i)

You will be paid for (or be entitled to a day off in lieu in respect oO the hours You were requested to work on a public holiday even if You ares released from work early on that day; and

(ii)

You will be rostered for at least 4 hours provided You are available to work for 4 hours.

59 What allowances am I entitled to? 59.1

Meal allowance (a)

If You work at least 1.5 hours of overtime either before or after Your rostered or normal finishing time, You will be paid a Meal allowance of $21.46 or will be provided with a suitable meal at the Group's expense.

(b)

A further Meal allowance of $13.48 will be paid if You work more than 5. 5 hours overtime after Your rostered or normal finishing time.

(c)

The above Meal allowances payable shall be adjusted with effect from the first full pay period in October in each year of the life of this Agreement in accordance with the percentage increases in the Eight Capitals Consumer Price Index for take away and fast foods sub-group (June quarter figures).

59.2

Higher duties allowance (a)

If You are requested by the Group to act in or relieve in a role that is classified higher than Your usual position for 4 or more consecutive working days, You will be paid: (i)

not less than the minimum base pay (whichever is relevant to the classification); or

(ii)

an additional 7% of Your base pay,

whichever is the higher, for the role in which You are acting or relieving in. (b)

When calculating whether You are entitled to a higher duties allowance, any hand over period during which the employee You are relieving is still working or any time You spend in training for the relieving role will not be counted.


41

Part 3- Terms specific to Pay Bands A1 to A4 (continued) 60 What is the notice of termination that I must give or receive? 60.1

Resignation by You

If You are a full-time or part-time employee (engaged on any basis) (either on a permanent basis or as a Maximum Term Employee), then You may resign from Your employment at any time by giving at least 2 weeks' notice in writing. 60.2

Termination of employment (other than for redundancy)

(a)

If You are a full-time or part-time employee (engaged on any basis) (either on a permanent basis or as a Maximum Term Employee), where the Group wishes to terminate Your employment (other than for redundancy as referred to in clause 45 above), You will be provided with the following written notice of termination of employment, as determined by Your years of continuous service with the Group:

(b)

Period of continuous service with the Group at the end of the day the notice is given

Notice period

Up to (and including) 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

In addition to the period of notice of termination of employment provided in the subclause above, if at the time the Group gives You notice of termination of employment You: (i)

are over 45 years of age; and

(ii)

have more than 2 years' continuous service,

You will receive an additional 1 week's notice of termination of employment.

42


Part 4- Terms specific to Pay Bands 1 to 8 61

Who does this Part 4 apply to? As stated in clause 2 above, this Part 4 (clauses 61 to 67) applies to You only if You are an employee performing a role classified between Pay Band 1 to Pay Band 8.

62 What is included in my fixed salary? (a)

The fixed salary outlined in this Part 4 is an all inclusive salary that compensates You for: (i)

base salary;

(ii)

all superannuation contributions (company and individual);

(iii) all fringe benefits tax costs that are attributed with salary sacrifice that may be applicable from time to time; (iv) non-cash components of Your fixed salary; (v)

all costing adjustments associated with salary sacrifice (e.g. an increase in the cost of vehicle parking); and

(vi) all payments in respect of work that attracts overtime rates, penalty rates, annual leave loading, public holidays loading, and meal allowance that would otherwise apply to You under this Agreement. (b)

If the minimum superannuation contributions required by the legislation referred to in clause 47 above increase at any time during the life of the Agreement, then the Group will: (i)

increase Your fixed salary by the amount (in dollars) of the required increase in superannuation contributions; and

(ii)

contribute the amount of the required increase in superannuation contributions to Your nominated superannuation fund (or if You have not nominated a fund, to the Group's default fund).

The intention of this provision is to ensure that your fixed salary (excluding compulsory superannuation contributions) after such an increase is not less than your fixed salary (excluding compulsory superannuation contributions) before that increase. (c)

If You consider You would have been paid more in a financial year (or part of a financial year if Your employment ceases part way through), if the BFI Award rather than this Agreement had applied: (i)

You may raise it with Your Leader;

(ii)

the Group will determine if You would have been paid a higher amount if the BFI Award applied; and

(iii) the Group will make up any shortfall identified. (d)

In relation to the operation of subclause 62(c), the Group will take into account your fixed salary and other monetary and non monetary employment related benefits You received (including incentives, bonuses, allowances, overtime, the value of any non monetary benefits etc).

(e)

Subclauses 62(c) and (d) only apply if Your fixed salary was less than $113,800 (full time equivalent) in the relevant financial year (pro-rated if Your employment ceases part way through a financial year).


43

Part 4- Terms specific to Pay Bands 1 to 8 (continued) 63 What is my minimum fixed salary? (a) (b)

You will not be paid below the annual minimum fixed salary for the Pay Band applicable to Your role. If You are a full-time employee You will receive a minimum fixed salary which is dependent on the Pay Band at which Your role is classified as follows: Pay Band

Minimum fixed salary per annum

$48,677 2

$49,464

3

$56,500

4

$61,000

5

$65,216

6

$65,216

7

$69,928

8

$69,928

(c)

If You are a Rostered Employee, Your minimum fixed salary will be 25% higher than the minimum appropriate for Your Pay Band.

(d)

If You are a part-time employee (engaged on any basis) You will be entitled to a minimum base salary based on the relevant fixed salary referred to above but calculated on a pro rata basis having regard to Your ordinary hours of work.

(e)

On an annual basis, the Group will review the minimum for each Pay Band.

64 Will my minimum fixed salary be increased? 64.1

All fixed salary employees

For all fixed salary employees to whom Part 4 of this Agreement applies: (a)

during the term of this Agreement market based remuneration reviews will occur annually for fixed salary employees. A review does not mean or imply that Your fixed salary will be increased at that time and any increase is at the Group's discretion; and

(b)

the Group will, in each year of the term of this Agreement, publish the annual percentage pools to be spent for fixed salary increases, which shall be determined at the Group's absolute discretion.

44


64.2

Pay Bands 1-3 employees only

(a)

If Your role is classified between Pay Band 1 - 3, in each year of the term of the Agreement, You may be eligible for an increase to Your fixed salary in accordance with the following provisions: (i)

a minimum guaranteed merit pool, as set out in the table below, will be spent by the Group to increase such employees' fixed salaries in recognition of their individual performance;

(ii)

this pool represents a percentage of the total fixed salaries for all employees whose role is classified between Pay Band 1 - 3 and to whom Part 4 of this Agreement applies; and

(iii) any increase to Your fixed salary as a result of the guaranteed merit pool distribution is at the discretion of the Group.

(b)

Effective date of increase from the first full pay period in:

Minimum guaranteed merit pool (%)

October 201 5

3%

October 2016

3%

October 2017

3%

October 2018

3%

An increase to Your fixed salary as part of the guaranteed merit pool in subclause 64.2(a) above shall count towards any published annual percentage increase, referred to in subclause 64.1 (b).

65 What are my short term incentive arrangements? You may be eligible to participate in a short term incentive arrangement offered by the Group from time to time on an annual basis. Details of these arrangements will be provided to You separately for each performance year, and do not form part of this Agreement.

66 What is the notice of termination that I must give or receive? 66.1

Resignation by You

If You are a full-time or part-time employee (either on a permanent basis or as a Maximum Term Employee), You may resign from Your employment at any time by giving at least 4 weeks' notice in writing. 66.2

Termination of employment (other than for redundancy)

(a)

Where the Group wishes to terminate Your employment (other than for redundancy), You will be provided with 4 weeks' written notice of termination of employment, if You are a full-time or part-time employee (engaged on any basis) (either on a permanent basis or as a Maximum Term Employee).

(b)

In addition to the period of notice of termination of employment provided in the subclause above, if at the time the Group gives You notice of termination of employment You: (i)

are over 45 years of age; and

(ii)

have more than 2 years' continuous service,

You will receive and an additional 1 week's notice of termination of employment.

67 What happens if I work higher duties? If You are requested by the Group to act in or relieve a role that is classified higher than Your usual position You may receive a payment for performing this role. Any payment is at the discretion of Your Leader.


45

Schedule 1 Classification structures Table 1 -Part 3 employees Pay Band

Descriptor

A1

A2 Customer Service/Support A3

A4 Table 2- Part 4 employees Pay Band

Descriptor

Ad min/Graduate 2

3 4 Technical Professional/Leader

5 6 7 Manager

8

46


Schedule 2 Definitions The meanings of the terms used in this Agreement are set out below. Term

Meaning

BFI Award

Banking, Finance &Insurance Award 2010, as in force from time to time.

Board

Suncorp Metway Limited not be so).

Charitable and Community Organisation

a not-for-profit organisation that is registered as an income tax exempt charity.

Eligible Community Service Activity

has the same meaning as that term is defined in the Fair Work Act.

Employer

in relation to an individual employee means the entity in clause 6 which is the person's employer.

Fair Work Act

Fair Work Act 2009 (Cth), as in force from time to time.

Fair Work Regulations

Fair Work Regulations 2009 (Cth), as in force from time to time.

the Board of Directors of Suncorp Metway Limited, or the ultimate holding company of the Group (should

a person: 1 who is employed for a fixed period of time determined in advance and/or for a specified task or project; Fixed Term (or Fixed Task) Employee

and 2 whose employment can not be terminated earlier than the end of the fixed term or task by the employer giving a period of notice.

Former Agreement

Suncorp Group Enterprise Agreement 2011. a person whose child or partner's child has had a child arising out of a marriage, a de facto relationship,

Grandparent

adoption, guardianship, same sex couple relationship or as a single parent. the natural or adopted child of a person who is Your child or Your partner's child, arising out of a marriage,

Grandchild

a de facto relationship, same sex couple relationship or as a single parent.

Group

in relation to an individual employee covered by this Agreement, means that person's Employer. includes each of the following persons:

Immediate Family

1 Your spouse, de facto (including same sex) partner, child, parent, Grandparent, Grandchild or sibling; or 2 the child, parent, Grandparent, Grandchild or sibling of Your spouse or de facto (including same sex) partner.

Leader

in relation to an individual employee, the person to whom they directly report to or another person who the Group specifies from time to time.


47

Schedule 2

(continued)

Definitions (cont.) Term

Meaning

a person: 1 who is employed for a maximum term of a set period and/or for the duration of a specified task or Maximum Term Employee

project; and 2 whose employment CAN be terminated earlier than the end of the fixed term or task by the employer giving a period of notice. means an hourly rate calculated by dividing Your fixed salary (excluding compulsory superannuation

On-Call Fixed Salary Rate

contributions) by Your number of ordinary hours of work per annum (based on Your current number of ordinary hours per week).

Personal/carer's Leave

leave taken for one of the reasons outlined in subclause 32.2(b)i and 32.2(b)ii above.

Primary Carer

person who has assumed, or will assume, the principal role of providing care and attention to the child. 1 the band of the Pay Banding Structure to which the job or duties performed by You have been assigned by the Group; or

Pay Band

2 where no such band has been assigned, the band of the Pay Banding Structure which the job or duties performed by You fall within. one who is regularly rostered to work shifts in which some or all of their working hours regularly fall Rostered Employee

outside the scope of ordinary hours.

Pay Banding Structure

the Group remuneration banding classification, as amended from time to time. person who is the spouse or de facto (including same sex) partner of the Primary Carer and who does not

Secondary Carer

Shiftworker

48

have the principal role of providing care and attention to a child. an employee who is regularly rostered to work on Sunday and public holidays in a business in which shifts are continuously rostered 24- hours a day for seven days a week.

Statutory Redundancy Pay

a payment for redundancy that You are entitled to under the Fair Work Act, or any other applicable statute.

You/Your

an employee covered by this Agreement as specified in subclause 6(d).


Signing page Executed as an agreement

Date: Full name: Address: Authority to sign: The above person is authorised by each of the Employers to be bound by the Agreement to sign the Agreement on their behalf. Executed by a representative of the employees covered by the Agreement Sign: Date: Full name: Address:

~............................. .l ~ \ \\ \ 14t\0.~~ . . . ~'0~~-~-P~C\ . . .......

0

H

0

0

0

H

HO

00000000Ho00000o

s~~(..P.. .. ~~~)-~~'(~He. \ .3.6 . . \Jt~nQm.l~Y.(q~-~-~(•~~~ ... &l0:.4 00

1

Authority to sign: The above person is a bargaining representative in accordance with Division 3 of the Fair Work Act 2009 and will be covered by the agreement.


49

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50



51

18159 10/10/14A

DECISION - Finance Sector Union

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