HCF will be presenting a draft Enterprise Agreement with an annual increase of 2.5% and you will think this is awesome; IT IS NOT. 

This increase is not automatically applied to all staff covered by the Enterprise Agreement (EA), instead, the wage increase is only applicable to staff who have met certain performance criteria (see Cl 11.1(e) of the EA).

HCF does not have a performance management policy; and all decisions are at the discretion of the individual Team Leader/Manager

The USU Bargaining Representatives, Emma Bonanno, Glynnis Ferrett, Nadasha Tuwhakaraina and Rebekah Tong fought long and hard to have your conditions improved, in particular:

  • CONSULTATION
  • GRIEVANCE PROCEDURE
  • MAINTENANCE OF EXISTING CONDITIONS FOR ALL EA STAFF
  • REASONABLE WAGE INCREASE

HCF were not committed to this.

HCF refused to allow the USU to consult with you before putting this draft EA out for review & vote. 

Why do you think this was?

You will need to scratch beneath the surface to completely understand the ramifications of the draft EA that will be put to you.  Hopefully this will help…

FROM THE DATE THAT THE EA IS APPROVED BY THE FAIR WORK COMMISSION:

ANNUAL LEAVE LOADING of 17.5% will not be paid to any new EA employees.

Current employees will retain this benefit, so long as you remain as an EA covered employee without change. 

ORDINARY HOURS OF WORK
Clause 5 will now be ‘Monday to Sunday 7am to 9am inclusive’ with a penalty rate of 150% for all hours worked on a Saturday and 200% for all hours worked on a Sunday.  Say GOODBYE to overtime rates for Saturday afternoon. 

This will apply to all “non-direct unit” employees i.e. Branches, Claims, and Administration etc.

HCF says this is only for Branches initially however, over the course of the agreement it may be applied to other areas of the business i.e. Claims, Administration etc.  A likelihood considering past conversations in the Sydney Office.  It is only a matter of time, so watch out!

Vote no.

MODEL CONSULTATION CLAUSE
Clause 28, the unfair Fair Work Clause that limits when HCF is required to Consult with employees, and on what topics. 

For Your Info – in an informal discussion on Tuesday 26 June 2018, the USU bargaining team had considered acceptance of this model clause if HCF were to remove Cl 11.1.(e) and update Cl 26 Grievance Procedure to allow use of Clause 26 for ‘any workplace matter’ and ‘external arbitration & determination’. 

There is a reason HCF does not want to allow you to seek external assistance with settling workplace matters and it has nothing to do with protecting you.  

Why doesn’t HCF want to consult YOU on any matter which significantly affects your employment?

Vote no.

GRIEVANCE PROCEDURE
If you are unhappy with a decision that HCF has made regarding ANYTHING to do with your employment (outside of the EA & NES), you have no right of reply.  You know all the policies that HCF have available on the Policy Hub?  You have no say in how they are implemented (or consulted) or how you will be affected.

Even the Fair Work Commission cannot intervene to make a decision.  Instead, it will be up to HCF to decide the outcome. 

Does this seem fair to you?

Vote no.

PERSONAL/CARERS LEAVE
Clause 20.1 will have simplified wording, no overall effect to the meaning.

Clause 20.3 will specify an updated definition of spouse to include ‘former’ spouses.

Clause 20.6 will say that you need to apply for personal leave on the day on which you return to work (unless exceptional circumstances apply).  This is not too bad, the current clause asks for this to be done within 7 days, however exceptional circumstances should allow for any anomalies.

REMUNERATION
Clause 11 will be a 2.5% base wage increase effective 1 July 2018, 2019, 2020.

Increase to allowances: Meal $15.63 to $16.72; further meal $12.85 to $13.74 and First Aid $14.07 to $15.41.

First payment effective 1 July 2018 to be paid in the pay period of 8 August 2018, assuming a YES vote on this draft EA.

Remember, you are only entitled to this wage increase IF your performance is at a certain unknown level.

Vote no.

TRAVEL EXPENSES
Clause 15 updated so that additional travel time is paid for time travelled (minus your ordinary trip to/from work) at your base rate of pay.

JUNIOR RATES
Schedule A table removed.  This is massive benefit to the ~6 affected employees.

FAMILY AND FRIENDS DAY
Clause 22 will now be an extra day for all EA staff; regional and interstate staff will no longer have to use their F&F days on a local gazetted holiday. 

DOMESTIC VIOLENCE LEAVE
Clause 21 will be updated to reflect that the 10 days are in addition to your existing leave entitlements.

POSITION TITLES
Clause 1.1 will have an updated list of position titles, no overall effect to the meaning.

ANNUAL LEAVE
Clause 18.1 will be updated to say that accrual is ‘based on ordinary hours’, no overall effect to the meaning.

TERM
A 3 year agreement, to expire 30 June 2021.
 
ALL OTHER CLAUSES TO REMAIN “AS IS”.
 
The appalling offer from HCF is NO reflection on the efforts of the Bargaining Team.  Your reps did fantastic work consulting with HCF, hoping to get the best outcome possible for all EA employees.  A BIG THANKS is in order for your negotiating representatives.

 
From the left: Nadasha Tuwhakaraina, Rebekah Tong, Glynnis Ferret & Emma Bonanno.

From the left: Nadasha Tuwhakaraina, Rebekah Tong, Glynnis Ferret & Emma Bonanno.