Faye goes to court to get her job back!

November 2010
Newsletter of the Finance Sector Union of Australia, NSW/ACT Branch
ANZ staff to decide
Authorised by Geoff Derrick Secretary, NSW/ACT Branch
FSUbites
Faye goes to court to
get her job back!
FSU member Faye Boyle’s life changed forever the day she was asked to
come into work on her RDO and in the process suffered the loss of her right
arm in a major motor vehicle accident. That day was the beginning of a chain
of events that would eventually see her commence court action against CBA
for alleged discrimination after 26 years of loyal employment with the bank.
Following an extended period away from work and the associated physical
and psychological rehabilitation that is often associated with a major motor
vehicle accident, Faye was very keen to return to her work and try to begin
to get her life back to a new form of normality.
In November 2008 Faye returned to work at the CBA Toukley branch and
then in late 2009, she went to Swansea branch. Her return was part of a
rehabilitation program and other elements of the program included learning
to write and type left handed, learning to drive again with a modified car and
learning new work practices developed by the bank since her accident.
“This was an important step for me”, said Faye. “I’ll never have a right arm
again but getting back to work meant so much to me after everything that
had happened.”
“After everything, getting back to work was a good day for me, I was looking
forward to it”, she said.
Despite some delays, Faye eventually received a Bluetooth headset for the
phone so that she could talk to customers and write or type at the same time.
However, on medical advice some specific conditions were placed on her
return to work and one important one was that Faye would not be subjected
to having to reach sales targets until she had a proper clearance to do so.
Before long, the Bank was expecting Faye to reach targets.
FSU Member Faye Boyle
Faye has now been dismissed by CBA for what the bank alleges is her inability to carry out the “inherent requirements of her role”.
Faye has lodged a case against CBA alleging that she has now been discriminated against. The case is continuing and we look
forward to being able to report a favourable outcome for Faye.
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FSUbites
Secretary’s Report
Geoff Derrick, Secretary NSW/ACT Branch
Competition Alone Won’t Fix Banking
Australian banks are more profitable than they have ever been. Not by small
amounts either; the latest annual profits for the big four add up to more than
$21 billion.
Right now Australia is debating the type of banking industry that we want. Sadly,
off the back of dubious mortgage rate increases, mind numbing profits and some
incredibly bad public relations work by Bank CEOs the debate seems to have
more heat than light.
The analysis has focussed on competition, but the industry’s shortcomings are
not just about competition.
The big four became so powerful because of the failures of the free market.
Global capital went into crisis because poorly regulated banking systems in
highly competitive markets around the world began to collapse. By October 2008
twenty-five banks around the world had failed and governments had stepped in
to guarantee or nationalise banks in the USA, UK, Germany, Ireland and others.
Japan was in market meltdown and Indonesia had suspended trading on its
stock exchange to prevent a wipe out.
Australia’s response included Federal Labor’s job saving stimulus package and
government intervention in the banking market with deposit guarantees and a
relaxation of the rules around mergers and takeovers. After the shake-up all of
our banks survived in one form or another.
Increased competition alone will not solve the problems in our banks in the
post GFC environment.
Increased competition by way of new entrants and fringe players will only
perpetuate some of the worst elements of the high risk behaviours that caused
the problems in the first instance.
Australian banking has a culture of conflicted pay systems that relegate customer needs and a tendency to contract out its service obligations to off-site
and offshore third parties.
It was the fringe players that were among the first to use outsourcing, independent contractors and “at risk” pay driven by sales targets that eventually put
their customers’ homes at risk. These practices turned respected jobs which had
been focussed on prudential concerns of service and reliability into precarious
employment where job security was driven by sales quotas.
This is a conflicted pay system that puts sales targets ahead of customer needs.
Internally it leads to a culture of bullying and fear. Stress and bullying are now
the most reported workplace problems in Australian banking.
The other option getting a bit of currency as a quick fix for banking is that Aussie
Post should just be given a banking license.
Expecting a publicly owned competitor to act responsibly while the big private
banks go unchecked can’t deliver the broad comprehensive financial system
that Australia needs in the 21st century.
All Australian banks have an obligation to our community.
Jobs in banking should be valued for the service they provide to our community,
not just the sales profits they provide to the shareholders.
A debate that goes beyond price competition and covers culture and reward
as well as community obligations will provide some much needed light on an
over-heated subject.
FSU Active:
For the period 1 Jan - 31 October
$5,531,152 recovered on behalf of FSU members
18,976 calls to the NSW Office
2031 new cases opened on behalf of members
2247 cases resolved for FSU members
3309 workplace visits by Organisers
NSW/ACT Executive
FSU
The NSW/ACT Executive is made up of finance industry workers and is the
Contact governing body of FSU in NSW & the ACT.
Details
Ph.
1300 366 378
Fax.
(02) 9320 0099
Email:
[email protected]
Web:
www.fsunion.org.au
ANZ Member Council &
NSW/ACT President
Joy Buckland
ANZ Learning Services
Australia
Ph. 0466 151 870
Commonwealth
Bank
Member Council
Louise Arnfield
CBA West Gosford
Ph. 02 4324 5484
Westpac
Member Council
Marcia Byrnes
Westpac Kogarah
02 8566 1377
St George/Bank SA
Member Council
Susanne Pearce
St. George
Baulkham HIlls
Ph. 02 9686 3511
NAB
Member Council
Dale Mills
NAB Lake Haven
Ph. 02 4393 3429
Insurance
Member Council
Wendy Conlan
IAG Hurstville CAC
02 8661 8504
General
Member Council
Dom Genova
SGE Credit Union
Parramatta
Ph. 02 8820 1589
Reserve Bank
Member Council
Marc Bampton
Reserve Bank
Ph. 02 9551 8963
FSU NSW/ACT
Branch Secretary
Geoff Derrick
Ph. 1300 366 378
FSUbites
News
ANZ staff to decide
Negotiations for a new ANZ collective agreement have progressed as far as they
can with just targets and performance pay not agreed between the negotiators. FSU
members attended meetings and teleconferences across the country in late October
to hear the details and provide their feedback before one last negotiation session
between FSU and ANZ
Of particular interest was the bank’s refusal in negotiations to agree to have unfair targets
referred to Fair Work Australia (the independent umpire). ANZ insisted they should
retain sole discretion on all issues associated with targets and performance measures.
ANZ also refused to budge on the way its performance management system works.
Because ANZ links results from successive years up to six times more ANZ staff are
subjected to a zero increase on performance grounds than happens at either CBA or
Westpac. NAB doesn’t impose a zero increase on anyone.
Consultation Saves Country Jobs
In the discussions between the ANZ and FSU negotiators that took place to discuss
ANZ Central Coast FSU Members at their recent meeting to discuss
the feedback from staff, the ANZ did agree to withdraw its proposal to cut off district
ANZ’s proposal (l-r) Chris Madden, Pam Devlin, Debbie Bisett,
Kelly Ferguson and Debbie Brooke
allowances for new staff in remote country towns. District allowances compensate for
the high cost of groceries, transport and services in these towns. FSU was able to
demonstrate feedback from members in these towns that without continuing the allowances it would be impossible to attract new staff to the branches.
The towns where staff will now continue to receive the district allowance in NSW are Jerilderie, Hay, Narrabri, Wee Waa and Broken Hill.
Despite feedback from FSU members about the other outstanding issues, ANZ has refused to alter the proposed agreement and will now put the
proposal to a vote of all staff.
This will be the first opportunity ANZ staff have had to vote on a proposed agreement since 1998. If approved the agreement will modernise the wage
safety net and introduce an independent umpire for the first time on a large number of workplace problems, but it won’t provide agreed targets or
protection to living standards across the board.
It is now time for ANZ staff to vote on the new agreement.
St George staff vote “yes”
NSW Reps from the FSU St George
negotiating team - Debbie Gallagher,
Susanne Pearce and Lewis Ellul
A new St George
Collective Agreement
has just been endorsed
by 96% of employees
who voted in the ballot.
The new deal continues
to be a banking industry
leader and will now go
to Fair Work Australia for
final sign off.
The new agreement
contains across the
board pay increases, career development, fair and achievable
performance objectives and greater job security.
The Union’s St George Member Council President Susanne Pearce
was on the negotiating panel and says the result is a great one for
St George staff.
“This agreement keeps St George conditions and rates of pay moving
forward and is a direct result of the time and effort put in by FSU
members”, she said.
“We set out to preserve the best elements of St George in our first
Agreement since the Westpac merger. We’ve done exactly that and
along the way we have delivered real pay increases and stronger
conditions of employment. As a member of the negotiating team I’d
like to thank FSU members for their support.”, she said.
Highlights of the St George agreement are:
•
4% a year pay increase for all unpackaged employees in January
2011 and 2012, and additional 1% cash payment to unpackaged
employees to compensate for a 3 month move in pay increases;
•
A new pay scale in the call centre that delivers fairer increments
as staff move through the range.
•
Performance objectives to be adjusted to take into account
approved leave absences;
•
Greater opportunity for higher duties, secondment and training;
•
Improved parental leave including the Federal Government Paid
Parental Leave Scheme in addition to the bank paid entitlement.
News
FSUbites
FSUbites
Sun Sets on Suncorp Talks
Following many months of negotiations for a new
collective agreement at Suncorp, the company has
made a last minute decision to terminate bargaining
and issue a proposal for staff consideration that has
not been agreed to at the negotiation table.
Gossip!
The negotiations have been cumbersome because
after years of encouraging an individualistic culture
and sponsoring the in-house Suncorp Metway
Employeees Council (SMEC), Suncorp has had
to respond to over 30 different employee bargaining reps as well as the FSU. Most of the employee
bargaining reps don’t represent anyone other than
themselves and SMEC fails the test of independence
so can’t be part of the bargaining.
Important Feedback
Suncorp’s response to this organisational disaster has been to propose an agreement for ballot
that contains clauses that were not even discussed at the table.
“Clearly Suncorp’s got a problem and the result is that their proposal isn’t up to scratch when
you compare it to other agreements recently signed off in our industry”, says FSU NSW/ACT
Secretary Geoff Derrick.
As a direct result of Suncorp’s behaviour, FSU has lodged an application with Fair Work Australia
over the conduct of negotiations and a number of outstanding issues discussed at the table that
had not reached any resolution including:
• Pay outcomes not disclosed in the 3rd or 4th years of the proposed agreement.
• Weekend work protections. Any employee could be directed to permanently work on
weekends. Some would not be paid penalty rates.
• Temporary/Casual employees – Suncorp have made last minute unilateral changes to
remove any pay increases for these employees.
• Classification structure - no transparency and no process for appeal.
The matter was heard on 11 November and at the time FSUBites goes to print discussions are
continuing.
CEO Forced to Provide Guarantee
As well as action in Fair Work Australia, FSU Workplace Rep Eugene Clark represented Suncorp
employees at the company’s recent AGM asking a detailed question about Suncorp’s behaviour
as well as the potential for some staff to be worse off under the companies proposal.
Both the Chairman and Suncorp CEO Patrick Snowball addressed Eugene’s question, and it is
of particular interest that the CEO said that ‘…he was certain that not a single individual in the
company will be financially worse off’ if the proposed Agreement was in place, and that in moving
everyone in the organisation to a single set of terms and conditions, the aim was to “take the best
of what we can forward”.
The FSU is writing to Suncorp to clarify these statements in order to protect Suncorp Group
employees’ entitlements.
All men should swear...
www.myoath.com.au
An employer that has recently announced a
series of retrenchments in a very large back
office processing centre also announced a
planned refurbishment of the work place
and had colour samples on display in the
staff common area to gather feedback on
staff preferences. Shame they don’t’ share
the same enthusiasm for consultation when
jobs are proposed to be cut.
Restraint or PR Con?
Which senior executive had a big splash
during the height of the GFC announcing
a 10% fixed salary cut last year as leading
by example before imposing wage restraint
on staff and then come annual report time
seems to have actually been paid 80% more
after bonuses were factored in?
Your Productivity
Banking Day, the daily on-line newsletter
on banking news reports that it has done the
maths and with the current rates of growth
in bank profits compared to growth of the
rest of the economy, banking will be 100%
of Australia GDP by 2109.
High Tea, Anyone?
The company had an important annoucement to make about future operations so it
invited staff to a 5 star hotel and served tea
and scones before announcing all the jobs
were redundant and the work was being
sent offshore.