Newsletter of the Finance Sector Union NSW/ACT Branch Authorised by Rebecca Reilly, Acting Secretary, NSW/ACT Branch

j a n ua ry 2016

FSU Member Services1300 366 378

Get the most from your membership...A big 2015 - bring it on 2016!

Secretary’s Report NSW/ACT Branch Acting Local Executive Secretary Rebecca Reilly Page 2...

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CBA staff across three sites in Western Sydney have begun putting their names to a pledge for action and a say in their future over the bank’s plans to centralise three sites at Parramatta, Sydney Olympic Park and Lidcombe to Technology Park at Redfern and the Sydney CBD.

“For us, the staff, this is the first step in raising our concerns directly with the bank”, said FSU CBA Local Enterprise Council President Reggie Lledo.

“By acting collectively, we can show CBA that we are serious about having our concerns addressed by the bank, the more people who sign on, the more seriously CBA has to take us”, he said.

The move by CBA has caused anger amongst staff, some of whom found out their jobs were moving on the evening news. Local authorities also expressed anger over the move as 10,000 jobs will relocate from local Western Sydney areas into Redfern and the CBD. That’s 10,000 less jobs in Western Sydney and more congestion on trains heading into the city - www.smh.com.au/nsw/anger-as-1-billion-redevelopment-lures-commonwealth-bank-away-from-western-sydney-20151112-gkxjvs.html

“Lack of consultation is a big concern for us who will be impacted by the move, especially given the way some of us found out on the evening news”, said Reggie.

“CBA is a massive employer and about to disrupt the lives of about 10,000 staff without even talking to us about it or listening to how a move such as this will impact us”, he said.

“People have lives, childcare and travel issues to content with. Does CBA care about any of these issues for its own staff?” said Reggie.

The pledge calls on the bank to undertake a full and transparent consultation and implementation process with the FSU to ensure any negative impacts on staff over the next five years are minimised or removed.

Staff can nominate what action they’re prepared to take if necessary to get CBA to listen, which will be coordinated by the FSU Office.

“If you’re in a position where CBA’s move will affect you, sign onto the pledge today and add your voice to the action. You can sign the pledge online here: www.fsunion.org.au/FSU-in-your-Region/State-Offices/NSWACT/CBA-Sydney-

Olympic-Park-Parramatta.aspx or talk to your FSU Workplace Rep and FSU Organiser who have paper copies you can fill out”, said Reggie.

“Once you’ve done that, talk to your colleagues about signing onto the pledge as well, and make sure everyone in your area is a member of our Union at CBA - the FSU”, he said.

CBA Staff begin action over move to Technology Park

Reggie Lledo

We the CBA workers at the Parramatta, Sydney Olympic Park, and Lidcombe sites are impacted by CBA’s decision to relocate and centralise its back office operations to Redfern and the Sydney CBD.

If this decision goes ahead we want to ensure any negative impacts on staff over the next five years are minimised or removed. We call on the bank to undertake a full and transparent consultation and

implementation process with the FSU.

Name Workplace (Building or Floor)

Business Unit (eg RBS) Contact Number

Contact Email

I am prepared to do the following to show CBA I am serious about having my concerns addressedI nominate FSU as my

representative on this issue

Be part of a delegation

Tell my story about the

move

Join FSU or ask my colleagues to join

Time for

Action!Parramatta / Sydney Olympic Park / Lidcombe Office Closures: We want a say on our future!

Authorised by Rebecca Reilly, Acting Secretary, NSW/ACT Branch December 2015

FSU Contact Details

NSW/ACT Executive

Ph. 1300 366 378

Fax.

(02) 9320 0099

Email:nswact@fsunion.org.au

Web:

www.fsunion.org.au

The NSW/ACT Executive is made up of finance industry workers and is the governing body of FSU in NSW & the ACT.

GeneralMember CouncilStephen Holloway02 6499 1400

Commonwealth Bank Member Council, reggie LledoCBA ParramattaPh. 02 9841 7494

WestpacMember CouncilMarcia ByrnesWestpac KogarahPh. 8566 1377

NAB Member CouncilDale MillsNAB Lake HavenPh. 4394 8700

St George/Bank SAMember CouncilSusanne PearceSt. George Baulkham HillsPh. 9686 3511

Reserve BankMember CouncilPeter TancredReserve BankPh. 9551 9858

NSW/ACT Branch President, ANZ Member Council Mark BarrattOasis WollongongPh. 4224 1195

Acting Local Executive Secretaryrebecca reillyPh. 1300 366 378

InsuranceMember Counciljulie EngelQBE SydneyPh. 8275 9537

Secretary’s reportRebecca Reilly, Acting Local Executive Secretary

NSW/ACT Branch

I am fortunate to be able to provide you this report having just stepped in to relieve FSU NSW/ACT Branch Secretary Julia Angrisano who has commenced a period of parental leave.

Fortunate, because I get to tell you about the incredible things FSU members have been able to achieve in the past 12 months.

Together we achieved a great deal in 2015. Without doubt the single biggest breakthrough we had this year as a Union was to delink pay from arbitrary sales targets in the Westpac Group.

The significance of this win should never be underestimated. It is a turning point in our industry and has come through a long period of struggle, through many different campaigns and through the tireless efforts of workplace reps and activists committed to bring about positive change in their working lives.

In fact, targets campaigns have been ongoing in one form or another in different employers for a number of years now. This is the culmination of all that work.

It has proved once again that when we all work hard towards a common goal, we win.

In late November, ANZ staff voted overwhelmingly to endorse a proposed Enterprise Agreement, but not before a massive groundswell of staff comprehensively rejected ANZ’s first pro-posal earlier in the year. ANZ’s first offer went to staff without FSU endorsement and was an aggressive attack on pay and conditions that would have changed the industrial landscape in the industry forever.

By mid 2015 ANZ had come back to the table and with the ANZ

vote now in, some 6,440 staff voted with 89.1% saying yes to approving the new Agreement securing across the board pay increases, delinked from targets for group 5 and 6 non market rates employees.

In 2016, campaigns will continue in Westpac and ANZ to improve pay and conditions for tier three packaged staff and market rated employees respectively.

Further, for the first time St George full time employees get access to RDO’s and Westpac will be one of the first big four banks to offer a guaranteed 10 days domestic violence leave.

Both the Westpac and ANZ agreements improve the way super is paid during periods of parental leave.

In 2015, CBA walked away from negotiations for a new en-terprise agreement because FSU could not accept a deal that would see the ongoing erosion of conditions for workers and the introduction of a new way of engaging staff through a “bank of hours” (see FSUBites October 2015 edition for full story).

Together, FSU members have secured real wages growth in Industry Funds with no target driven pay systems and new agreements in the credit union sector at Horizon Credit Union, Teachers Mutual Bank and Hunter United Credit Union.

What is common about these wins is YOU! They were worker driven campaigns. Leaders and reps as active participants and the thousands of members who engaged in these campaigns. That is why building capacity and growing our membership is vital to our success.

2016 will see us continue to campaign for a better deal for Westpac tier three packaged staff and ANZ market rated staff to improve the way pay is set for these groups of FSU members.

A fair deal for these groups of workers is crucial.

In CBA we have seen the biggest growth in FSU membership in recent months, than at any time in the past year. For years CBA has attempted to divide workers through the use of various employment arrangements. It's heartening to see that more and more CBA workers on various arrangements getting together and acting collectively to improve on issues around staffing, pay, performance and hours of work. There will be lots to do in CBA in the coming year.

We will continue to campaign in our Credit Union sector as well as insurance companies such as IAG and QBE.

But again, the common theme is you. FSU members can’t win unless you’re a member as well. If you’re not a member join your Union today and be part of the winning team in 2016. If you are a member, ask two of your colleagues to join today at www.fsunion.org.au

We are always stronger together.

A big 2015 - Bring it on 2016!

FSUBitesFSU NSW/ACT Branch AGM and Union Leaders’ DayThe Union’s NSW/ACT Annual General Meeting held on Wednesday 25 November was a great opportunity to reflect on and acknowledge the efforts of members, workplace reps and staff over the past year.

The AGM recognised the tireless efforts of the people who make our Union great, the FSU Workplace Reps and members who are the face of FSU every day in our workplaces.

These people were formally recognised with certificates of thanks and appreciation during the meeting for helping build our Union and for being nominated by their peers as FSU Rep of the year. FSU Reps who are stepping down from their positions on Local Enterprise Councils were also recognised and thanked for the past contribution to our Union.

Congratulations Jenny Lennox - FSU’s newest life member!Jenny has been an active member of the FSU for well in excess of 35 years. Jenny started her career working for National Mutual Royal Bank (and its predecessor Building Society). Jenny has been an FSU member all of that time (formerly ABEU). During her time as an FSU Member and Rep, Jenny has attended a number of National Conferences as a delegate. Jenny has been on the NSW/ACT Branch Committee of Management and ANZ LEC as member and then President and the ANZ NEC.

Congratulations to the FSU NSW/ACT Branch Rep of the Year Susanne Pearce.Susanne won this year’s award from a field of very strong contenders, which was voted on by the NSW/ACT Branch Executive.

Susanne was nominated by her colleagues who said of her, “Susanne has worked tirelessly to fight for the best outcome for our EA and has done a marvellous job. In an often thankless role Susanne constantly steps up and takes the challenge head on and puts in 110% effort. With every knock back she comes back at them stronger than ever. She is a huge driver of union advocacy and is someone whom we highly respect and look up to.”

Congratulations Susanne!

Some notable statistics from the 2015 AGM were:

1586 Cases opened on behalf of FSU members

1534 NSW/ACT finance workers joined our Union

14,177 calls were received from FSU members

1553 cases were resolved on behalf of FSU members

$5,332,911 was recovered on behalf of FSU members. This is money FSU members would not have received without intervention from their Union.

FSU NSW/ACT Branch Rep of the year Susanne Pearce

Pay and conditions improved at Hunter United Credit Union!Thanks to the hard work of FSU members, the Fair Work Commission has now approved the new Hunter United Credit Union Enterprise Agreement which will operate from 12th January 2016.

In a pleasing result that reflects the determination of the FSU members in supporting their negotiating team, amongst many improvements the new Agreement provides for:• Guaranteed across the board pay increases of 2.25% from 1st September 2015, 2016 and 2017.• Significantly improved conditions for part time members• A formalised “job share” clause• Recognition of domestic violence leave• An expanded consultation clause• A clear, stepped out, dispute resolution procedure

This outcome was only possible because of the strength of FSU members. Remember, we are stronger together and the stronger we are the more improvements we will see in the future and the greater protection we will enjoy for our current conditions.

ALP conference 2016ALP State Conference is coming up in February and as such we are calling on any interested and eligible FSU members who may want to attend conference as part of the FSU delegation.

The conference will be held on the weekend of Saturday 13 February and Sunday 14 February 2016 at the Sydney Town Hall. As an FSU delegate it would be preferable for you to attend both days.

In order to be a member of the FSU delegation, you will need to be a current financial member of both the FSU and the ALP. To nominate, email all your contact details to nswact@fsunion.org.au by no later than Wednesday 20 January 2016 and we will be in contact to discuss your nomination.

If we receive more nominations than positions available from eligible FSU members and staff, the FSU NSW/ACT Branch Local Executive will make a determination on the final makeup of the delegation.

Consumers’ Rights Around Products and ServicesBy Michelle Walsh – Partner, Wollongong Office

Consumers are protected from unsafe consumer products and services under the Australian Consumer Law.

Consumers are entitled to expect that manufacturers, importers and retailers of products will comply with product safety laws.

All products sold must be safe, be free from defects and fit for their intended purpose. Products should also match their description and any sample or demonstration model.

The Australian Consumer Law provides for a ‘no fault’ regime of strict liability. This means that under the law manufacturers will be held strictly liable directly to consumers for damage to person or property suffered as a result of a defective product.

If a product purchased is unsafe or defective and a consumer suffers loss and damage as a result, then the consumer can bring an action in court for damages for their losses against the manufacturer.

Loss and damage could include damage to the person and economic loss that arises from damage or destruction to property.

Who is liable?

The definition of manufacturer is quite broad and can include a person who produces or assembles goods, holds themselves out to the public to be a manufacturer of goods, permits their name to be applied to the goods. An importer of the goods could also be liable if the actual manufacturer does not have a place of business in Australia.

What is a defective product?

Matters that the Court will take into consideration when deciding whether a product is considered to be defective include how and for what purpose the goods were marketed, the product packaging, instructions or warnings given for the product, what might be expected to be done with the product or the time that the product was supplied.

There are a number of defenses that a manufacturer could raise in response to a product liability action such as that the product complied with mandatory standards or requirements, or that the defect was not able to be discovered due to the state of technical or scientific knowledge at the time of supply of the product.

Time limits apply to product liability actions therefore consumers should seek legal advice.

Contact FSU for a referral on

1300 366 378

Insurance Bargaining Roundup

No Movement from IAG, Progress at QBE

After almost 2 months of meetings, IAG have not moved on any of the issues that staff say are important to them.

On Pay – IAG have not yet tabled a wages offer and have said it does not intent to until everything else has been agreed. The company has also refused to provide transparency about how the pay system works or work with FSU on the gender pay gap which in finance runs at 35%.

On Job Security – IAG have refused to improve redundancy, redeployment and retrenchment provisions, despite plans to continue exploring offshoring jobs.

On Leave – IAG want to change leave provisions to allow the company to direct staff to take up to 2 weeks annual leave each year during compulsory shut down or scale back.

On Best Practice – IAG has refused to meet best practice with respect to sup-porting working families or victims of family and domestic violence.

At QBE, following three negotiation meetings progress towards a new FSU/QBE Enterprise Agreement is being made.

FSU has tabled the details of the claim, recently endorsed by FSU members. The claim includes:

• Guaranteed across the board pay increase of 3.5% per annum

• Increases to the employer contribution to superannuation

• The reintroduction of Workers Compensation make up pay for up to 26 weeks for QBE staff injured at work

• A joint pay equity review that investigates the gender pay gap at QBE

• Improved consultation prior to major workplace change

• The introduction of access to voluntary redundancies where jobs are axed

• A clause setting out minimum obligations around the setting of performance objectives

• Best practice clauses to support working families including increases to paid leave

• The inclusion of key features of QBE’s Domestic Violence Support Policy in the EBA

• Clarifying shift workers leave entitlements

QBE have tabled only a small number of claims, including:

• A clearer statement of QBE’s capacity to direct people to take long service leave in line with relevant legislation

• Compressed working hours only available to employees working fixed hours

• The introduction of unpaid Grandparental leave

• Cashing out of annual leave open throughout the year

• The ability to access personal/carers leave and flexible leave if you are the victim of family or domestic violence.

• Payment of superannuation on fixed remuneration during unpaid parental leave for up to 12 months.

Negotiations will resume in February where FSU is expecting QBE to respond to our claim and table a wages offer.