USU@HCF: Policy Hub & EA Negotiations

Did you know that HCF has grouped together all of your policies, guidelines and other relevant employment documents on the company’s internal intranet?  You can find this via Intranet and then Policy Hub (a red button on the right hand side of the screen at the bottom) and then Employment. 

Delegates

Workplace Delegates play a very important role as a source of information for the workplace and a conduit between the members in the workplace and the Union.  The USU is excited to announce election of new workplace delegates!

The USU is very lucky to have SIX excellent delegates across HCF.  If you have a workplace matter to discuss, please contact your delegate in the first instance always. You can also phone the Union’s Membership Support Centre on 1300 136 604.  Your Organiser, Emily Callachor is also a point of contact. 

Nominations for workplace delegates for HCF closed at 5:00pm on Friday 8 June 2018.  As a result, we welcome Emma, Nadasha and Kevin to the team.

Please note; the address below is where the delegate is located for ordinary working purposes, delegates are here to represent all USU members employed by HCF. 

PARRMATTA, Level 5 75 George Street	Emma Bonanno EBonanno@hcf.com.au Lauren O’Connor (currently on parental leave) Nadasha Tuwhakaraina NTuwhakaraina@hcf.com.au Rebekah Tong RTong@hcf.com.au
SYDNEY, 403 George Street	Glynnis Ferrett GFerrett@hcf.com.au Kevin Gray KGray@hcf.com.au

Enterprise Agreement (EA) Negotiations

The USU is largely disappointed with the negotiations to date; apart from one small change, HCF have declined to commit to any of the items presented by the USU.  The log of claims presented by the USU aimed to protect employee entitlements and strengthen conditions. 

It is clear from HCF’s responses at this time that the intent of negotiations is to create a slim Enterprise Agreement that does NOT allow employees to request a decision from the Fair Work Commission, or to be properly consulted with, or have job security.  HCF have advised that they want a simplified EA; to align with the values of: COST, FLEXIBILITY, UNDERSTANDING AND COMPLIANCE… values which benefit HCF more than employees. 

HCF is intent that workplace policies are sufficient; they are not. 

The USU is concerned that by refusing to include many entitlements and conditions in the EA, that HCF is not serious about providing employees with these entitlements and conditions.  Further, with the way that HCF “consults” currently, any changes to these policies would not be properly consulted with employees or the union and at any time, conditions can be removed. 

HCF	Travel Time	USU agreed
HCF	Junior Rates	USU agreed
HCF	Part Time employee’s additional hours	USU did not agree
HCF	Higher duties allowance	USU did not agree
HCF	Family & Friends Day	USU agreed
HCF	Sick Leave Notification	USU did not agree
HCF	Non-Direct weekend coverage	USU agreed
HCF	Annual leave loading	Under review
HCF	Training & Development	n/a
HCF	Consultation	USU did not agree
HCF	Rename agreement	USU agreed
USU	Reasonable wage increase	TBA
USU	No loss of conditions	HCF did not agree
USU	Job security	HCF did not agree
USU	Back pay	TBA
USU	Dispute Settlement Procedure	HCF did not agree
USU	Consultation	HCF did not agree
USU	Delegates Charter	HCF did not agree
USU	Special Leave	HCF did not agree
USU	Compassionate Leave	HCF did not agree
USU	Domestic Violence clause	HCF partially agreed
USU	Personal/Carers Leave	HCF did not agree
USU	Position classifications	HCF refused to provide information requested by USU
USU	Bonus structure and criteria	HCF refused to provide information requested by USU
USU	Employee Assistant Program (EAP)	HCF did not agree
USU	Time in lieu	HCF did not agree
USU	Superannuation	HCF did not agree
USU	Definitions	TBA
USU	Separate rates of pay for Call Centre employees	HCF did not agree
USU	Any other matters which may arise from and during negotiations	TBA

 

HCF Log of Claims

1. Travel time (clause 15)

That all EA employees received their base rate of pay, for all travel time outside of ordinary hours, to the nearest minute.  The USU agreed with this proposal in principal without prejudice*.

2. Junior rates (Schedule A)

To remove separate pay rates for junior employees, thereby ensuring all EA employees are paid the same rate for the same work.  The USU agreed with this proposal in principal without prejudice.

3. Part-Time employee’s additional hours (clause 9)
   To reduce the period to which an EA employee is entitled to the 20% loading, from 2 weeks’ notice down to 1 weeks’ notice. Following consultation with members, the USU did not agree to this proposal. 

4. Higher duties allowance (clause 16)

To increase the period of acting in a higher role from 4 single days, to 5 consecutive days, whereby an EA employee is entitled to receive the applicable remuneration.  Following consultation with the membership, the USU did not agree to this proposal.  The reason being that, any time an employee is acting at a higher duty, they should be remunerated appropriately for it.  The USU believes that 4 single days is more beneficial and achievable than 5 consecutive days. 

5. Family & Friends Day / Public Holidays (clause 22)

To remove requirement for EA employees to take the Family & Friends day on a gazetted public holiday.  Following consultation with the membership, initially the USU did not agree to this, however following further discussion with HCF of the effects, USU did agree to this in principal without prejudice.

6. Sick Leave notification (clause 20)

To reduce the period upon returning to work to provide your evidence from 7 days to 1 day.  The USU proposed the wording be changed to “as soon as practicable” however HCF did not agree, therefore the USU did not agree with this proposal.  The reason being that whichever time frame is enshrined in the EA would be enforceable thereby opening members up to disciplinary action in the workplace, if for a reason outside of their control they were unable to enter the evidence on the first day back to work. 

7. Non-Direct weekend coverage (clause 5)

That the ordinary hours of work for “non direct” staff (i.e. Branches) is updated to reflect the ordinary hours span of “Direct Unit” employees.  The proposal is:

Monday to Sunday, 7:00an until 21:00 with OT rates applicable on Saturday from Midday and all day Sunday.  The USU agreed with this proposal in principal without prejudice, as HCF guaranteed that this would not include a rotating roster and OT rates were payable.

8. Annual leave loading (clause 18)

To remove annual leave loading (17.5%) for all employees engaged throughout the duration of the proposed EA, and for current EA employees to retain the leave loading.  The USU did not agree to this proposal. 

Whilst the Award for Better Off Overall Test (BOOT) does not form part of negotiations, HCF have advised that for the BOOT that, Banking, Finance and Insurance Industry Award 2010 and for sales representatives only that, Commercial Sales Award 2010, would apply.  The USU will review these Awards for the requirement of annual leave loading. 

The BOOT is explained in s193 of the Fair Work Act 2009.

9. Training & development

To remove the requirement for HCF to train employees, instead that training may be available and that HCF may reimbursement staff for the costs.  This appears to be a simple change by HCF however the wording restricts an excellent entitlement.  The USU did not agree to this. HCF decided to remove this item from their log of claims. 

10. Consultation

To use the Work Choices Model clause.  The USU is of the opinion that the model clause is not in the best interests of employees, therefore has preliminarily disagreed with the proposal, however discussion of the clause and the reasons for HCFs desire to use this clause is expected to take place on 29 May 2018.  The USU has consultation included in our log of claims as well. The USU did not agree to the model clause for Consultation. 

11. Simplification

– Replace “Enterprise Bargaining Agreement” with “Enterprise Agreement” which is in line with current practice.  The USU agreed. 

* An “in principal without prejudice” agreement means that we agree to the premise however as it forms part of a greater package, judgement is reserved until the final package can be reviewed in full.  The final package is of course the enterprise agreement in its entirety.

USU Log of Claims

1. Reasonable wage increase

5% or CPI whichever is greater, paid annually to all EA employees, for the life of the agreement.  HCF agreed to obtain costings and respond.

2. No loss of conditions

The USU does not wish to see clauses which remove existing conditions.  HCF did not agree.

3. Job security

That casual employment is not used at the expense of permanent staff.  HCF did not agree. 

4. Back pay

That if in “in principal” agreement was reached between HCF and the USU, that EA employees would receive the wage increase as due on 1 July 2018.  Discussions to date have been that HCF requires the agreement to have been approved in the Fair Work Commission before 1 July 2018 for the wage increase to apply from 1 July 2018.  This is not achievable. 

If HCF do not agree to an in principal agreement by 30 June 2018, they will not pay EA employee back dated to 1 July 2018.  It is incredibly unfair; the Fair Work Commission process is outside of anyone’s control.  Not to mention the voting period which can extend to as much as 3 weeks.  HCF did not agree to this however agreed to discuss with the Board and respond. 

5. Dispute settlement procedure (proposed new clause)

The USU has submitted a draft clause that allows for disputes to be escalated through a three tiered systems, allows arbitration by the Fair Work Commission, includes Local and Peak Consultative Committees, for consultation and dispute settlements.  HCF have agreed to respond to this clause by 5 June 2018, however forms part of the agenda for our meeting on 28 May 2018. 

The USU submitted a revised draft proposed clause that simplified our requirement, the new clause specified that HCF would include “arbitration” in the existing Grievance Procedure (Clause 26).  This is important!  By not including arbitration in the EA, HCF is restricting your ability to have the Fair Work Commission make a decision in relation to a workplace dispute.  HCF did not agree to the revised proposal.

6. Consultation (clause 28)

The USU submitted a draft clause that requires consultation is undertaken with employees and unions that removes “major change” as only factor and includes “significant” effect to employees, as well as requiring consultation for changes to hours or work and rosters.   HCF reviewed this draft clause and HCF did not agree.

The USU submitted a revised draft proposed clause that simplified our requirement, the new clause specified that HCF would consult with employees on major workplace change, changes that have a significant affect to employees and changes to working hours and rosters.  HCF did not agree to the revised proposal.

7. Delegates charter

The USU submitted a draft clause that would allow USU Delegates to consult other delegates during working hours, negotiate with management, call meetings and for members to attend, protection from victimisation, access to store union records, attend meetings, training, conferences provided by Union and place notices on union notice boards.  It also sets out expectations from HCF in relation to Delegates and the USU and HCF did not agree.

The USU submitted a revised draft proposed clause that simplified our requirement, the new clause specified that Union Delegates would have certain rights & responsibilities, as well as having the role of workplace delegate recognised and respected.  HCF did not agree to the revised proposal. 

8. Special leave
   The USU submitted a draft to create a new type of leave entitlement for “special occasions”, outside of statutory leave obligations (i.e. annual leave, personal leave etc.):
   1. Supporting employees who undertake community based activities and voluntary work
   2. Blood donations, attending EAP, personal circumstances, community service leave (jury duty, emergency management activity), and military training.
   3. Attending to union matters including training and official conferences.

HCF did not agree. 

9. Compassionate leave
   The USU submitted a draft clause which separated compassionate leave from existing clause 19, that would maintain existing clause 19.2 and 19.3 which specified 2 days for each permissible occasion ( 2 continuous days, 2 single days). HCF did not agree. 

IMPORTANT!! PLEASE NOTE:  HCF currently has a leave policy which restricts the use of compassionate leave to up to two weeks in a year.  Please note that this is illegal.  Compassionate leave is entitled for each permissible occasion, under the Fair Work Act. 

10. Domestic violence clause
    The USU submitted a draft clause which sought to specify that this leave is “in addition to existing leave entitlements”, with an increase from 10 paid days to 20 days, as well as inclusions of better definitions, principles and measures. HCF did not agree to increase the number of paid days or to include better definitions, principles and measures, however HCF did agree to include words to the effect of is “in addition to existing leave entitlements”.

11. Annual leave – a proposal is yet to be put forward.
12. Personal/carers leave
    The USU submitted a draft clause which sought to include accrual of leave based on length of service, instances of leave that do and do not require evidence and requested access to your leave balance and record taken. HCF did not agree.
13. Position classifications

The USU is proposing that HCF define classifications within Schedule A, as well as provide description of classifications within the EA.  The USU requested HCF to provide current practice including policy on this; HCF refused to provide the information. 

14. Bonus structure and criteria

The USU is proposing that HCF provided a description of KPI’s and how they are formulated and include a description of relevant performance review resulting in a “score”.  The USU requested HCF to provide current practice including policy on this; HCF refused to provide the information. 

15. Employee Assistant Program (EAP)

The USU is proposing that access to an EAP be enshrined in the EA.  Item forms part of the agenda for our meeting on 28 May 2018.  HCF did not agree to include EAP in the EA.

16. Time in lieu

The USU is proposing that EA employees be able to take time off in lieu (TOIL) instead of paid overtime (OT), by agreement.  Particularly for small amounts of time where OT is not paid i.ie. Less than 15 minutes at a time.  HCF did not agree.

17. Superannuation

The USU is proposing an increase from 9.5% to 10+%, or any incremental increase from 9.6%.  HCF did not agree.

18. Definitions

The USU is proposing that a more exhaustive list of definitions be included in the EA.  List of definitions to be sourced from the draft EA. 

19. Separate rates of pay for Call Centres employees

The USU is proposing that for “Direct Unit” employees on a rotating roster, that that the shift loading is rolled into the base rate of pay.  HCF did not agree.

20. Any other matters which may arise from and during negotiations – This means that throughout negotiations, any further items that are revealed can be included as a log of claim item and can be discussed.

We will keep members updated with the EA as it progresses.  The next bargaining meeting is scheduled for Wednesday 13 June 2018. 

If you have any questions, please contact your USU bargaining representative(s):

Emma Bonanno ebonanno@hcf.com.au	Glynnis Ferrett gferrett@hcf.com.au
Nadasha Tuwhakaraina ntuwhakaraina@hcf.com.au	Rebekah Tong rtong@hcf.com.au

 

It is time to join the USU

The USU’s membership has grown this year and we remain the largest state branch of one of the largest federal unions.

Obviously, we wish to see our growth continue and we ask that our members continue to encourage their non-member colleagues to join – it’s two coffees a week for full time employees.  Non-members can join by contacting Emily or your Workplace Delegates.  Alternatively, point them towards our website – www.usu.org.au/join

REMEMBER: UNITED WE BARGAIN, DIVIDED WE BEG.

USU Official/Organiser – Emily Callachor – 0417 420 924 – ecallachor@usu.org.au