MYSTATE ENTERPRISE AGREEMENT 2021-2024 - FINANCE SECTOR UNION
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APPROVED OPERATIONAL FROM EXPIRES
26 July 2021 2 August 2021 25 July 2024
MyState
Enterprise Agreement
2021-2024
Fair Work Act 2009
s.185—Enterprise agreement
MyState Limited T/A MyState Bank
(AG2021/5768)
MYS ENTERPRISE AGREEMENT 2021-2024
Banking finance and insurance industry
[2021] FWCA 4472
DECISION
Fair Work Act 2009
s.185—Enterprise agreement
MyState Limited T/A MyState Bank
(AG2021/5768)
MYS ENTERPRISE AGREEMENT 2021-2024
Banking finance and insurance industry
COMMISSIONER LEE MELBOURNE, 26 JULY 2021
Application for approval of the MYS Enterprise Agreement 2021-2024.
[1] An application has been made for approval of an enterprise agreement known as the
MYS Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant
to s.185 of the Fair Work Act 2009 (the Act). It has been made by MyState Limited T/A
MyState Bank. The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is
attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment
to any employee covered by the Agreement and that the undertakings will not result in
substantial changes to the Agreement. The undertakings are taken to be a term of the
agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have
been met.
[4] The Australian Municipal, Administrative, Clerical and Services Union and the
Finance Sector Union of Australia being bargaining representatives for the Agreement, have
each given notice under s.183 of the Act that it wants the Agreement to cover it. In
accordance with s.201(2) I note that the Agreement covers the organisations.
[5] I observe that the following provisions are likely to be inconsistent with the National
Employment Standards (NES):
Clause 11.2(b) – Notice of Termination by Employee.
Clause 19.7 – Annual Leave.
However, noting the written undertakings provided, I am satisfied the more beneficial
entitlements of the NES will prevail where there is an inconsistency between the Agreement
and the NES.
1
[2021] FWCA 4472
[6] The agreement lodged with the application was a version of the Agreement which was
changed after the Agreement was made. On 1 July 2021, the Applicant amended its
application and provided the Agreement that employees voted on pursuant to s.182 of the Act
(without any changes). I am satisfied that the amendment should be made and that it is
appropriate to do so pursuant to s.586 of the Act.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
2 August 2021. The nominal expiry date of the Agreement is 25 July 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
2
[2021] FWCA 4472
Annexure A
3[2021] FWCA 4472 4
[2021] FWCA 4472
5Note - this agreement is to be read together with an undertaking given by the employer. The undertaking is taken to be a term of the agreement. A copy of it can be found at the end of the agreement.
MyState Limited Enterprise Agreement
2021 - 2024Table of contents
Part A Application and Operation of the Agreement 5
1. Title 5
2. Application and Parties Bound 5
3. Date of Operation and Nominal Expiry Date 5
4. General Definitions 6
5. Relationship to the Previous Agreement 6
6. Agreement to be accessible 6
Part B Employment Relationship and Associated Matters 7
7. Types of Employment 7
7.1 Employment Categories 7
7.2 Full-Time Employees 7
7.3 Part-Time Employees 7
7.4 Temporary Increase in Hours of Work for Part-Time
Employees 7
7.5 Change to Hours of Work for Part-Time Employees 7
7.6 Casual Employment 8
7.7 Maximum Term Employment 8
8. Changing Business and Operational Needs 8
9. Temporary Transfer 9
10. Qualifying Period 9
11. Termination of Employment 9
11.1 Termination by the employer 9
11.2 Notice of Termination by Employee 10
11.3 Time Off Work During Notice Period 10
11.4 Summary Dismissal 10
12. Agreement Flexibility 10
Mystate Limited Enterprise Agreement Page iPart C Wages and Related Matters 12
13. Classifications and Rates of Pay 12
13.1 Wage Increases and Transition Arrangements 12
13.2 Fixed Salary Increase 12
13.3 Company Performance Bonus 12
13.4 Payment of Wages 13
14. Overpayments 13
15. Superannuation 14
15.1 Contributions by the Company 14
15.2 Superannuation Contributions by Salary Sacrifice 14
15.3 Voluntary Superannuation Contribution 14
15.4 Payment of Superannuation to Superannuation Funds 14
Part D Allowances and Expenses 15
16. Allowances 15
16.1 Higher Duties 15
16.2 Stand-by and Call-back Allowance 15
16.3 First Aid Allowance 15
16.4 Meal Allowance 16
17. Expenses 16
17.1 Travelling Expenses 16
17.2 Work Related Car Expenses 16
Part E HOURS OF WORK, BREAKS AND OVERTIME 17
18. Hours Of Work 17
18.1 Spread of Hours 17
18.2 Ordinary Hours – Full Time Employees 17
18.3 Ordinary Hours – Part Time Employees 17
18.4 Meal and Rest Breaks 17
18.5 Overtime, Weekend and Public Holidays Work 18
18.6 Annualised Salary 18
Part F Leave and Public Holidays 1919. Annual Leave 19
19.4 Employees are required to take a consecutive period of at
least two weeks annual leave per year of service (at a time
agreed, or failing agreement as directed by the Company)
provided that this requirement does not apply: 19
20. Compassionate Leave 19
21. Personal/Carer’s Leave 20
21.1 Paid Personal/Carer’s leave 20
21.2 Amount of Personal/Carer’s Leave 20
21.3 Employee must give notice 20
21.4 Evidence supporting claim 20
21.5 Unpaid Personal/Carer’s Leave 21
22. Community Service Leave 21
23. Leave without Pay 21
24. Special Leave 21
24.1 Family and Domestic Violence Leave 21
24.2 Notice and Evidentiary Requirements 22
24.3 Confidentiality 22
25. Long Service Leave 22
26. Parental Leave 23
26.2 Paid Leave Entitlement 23
27. Public Holidays 23
Part G Consultation and Dispute Resolution Change and Redundancy 25
28. Consultative Processes 25
Major change 25
Change to regular roster or ordinary hours of work 26
29. Dispute Resolution Procedure 27
30. Redundancy 28
30.1 Consultation and Process 28
Mystate Limited Enterprise Agreement Page iii30.2 Schedule of Payments 28
30.3 Alternative Employment 29
Part H The Company/ Union Association 30
31. Association 30
31.1 Information sharing 30
31.2 Training leave 30
Signing page 31MyState Limited Enterprise Agreement
Part A Application and Operation of the Agreement
1. Title
This Agreement is the MYS Enterprise Agreement 2021-2024.
2. Application and Parties Bound
2.1 This Agreement shall apply to:
(a) MyState Bank,; MyState Limited; and
(b) TPT Wealth
which are related bodies corporate for the purposes of the Corporations Act 2001 (Cth). These companies and
any other Companies formed within the MyState Limited group will collectively be referred to as 'the Company'
for the purposes of this Agreement.
2.2 The Agreement provides for the introduction of a new Contemporary Classification Structure which will be
applied six months following the approval of the Agreement (the Transition).
2.3 The Agreement applies to all new and existing employees of the Company who are employed under the
classifications set out in Appendix One and Appendix Two of this Agreement.
2.4 In the event that the Company is unable to implement the Transitional arrangement six months after the
Agreement is approved, the Transition may be deferred following consultation with Employees and the
Union/s.
2.5 The terms that apply in relation to an employee’s employment will be those contained in this Agreement.
2.6 The National Employment Standards (NES) are minimum entitlements prescribed by law. The NES will apply
at all times to the employees covered by this Agreement on a no detriment basis. If the NES are subsequently
varied to provide a greater benefit, that benefit will apply.
2.7 It is intended that following the making of this Agreement, the Finance Sector Union of Australia and the
Australian Services Union will make application in accordance with section 183 (1) of the Fair Work Act 2009
to be covered by the Agreement.
3. Date of Operation and Nominal Expiry Date
This Agreement will become operational on the seventh day after its approval by Fair Work Australia. The
Agreement shall remain in force for a period of three years unless terminated or replaced in accordance with
the Fair Work Act 2009.
MyState Limited Enterprise Agreement 2021 - 2024 | 54. General Definitions
4.1 the Company shall mean MyState Limited and Subsidiaries.
4.2 Employee means any person engaged by the Company to perform work that falls under Appendix One,
Classification Structure.
4.3 Act means the Fair Work Act 2009 (Cth).
4.4 NES means National Employment Standards.
4.5 Immediate Family means:
(a) a spouse, de facto partner, civil partner, child, parent, grandparent, grandchild or sibling of the
employee; or
(b) a child, parent, grandparent, grandchild or sibling of a spouse, de facto partner or civil partner of the
employee.
4.6 Household means any person permanently residing in the household of an employee.
4.7 Classification Structure means the classifications set out in Appendix One of this Agreement.
4.8 Contemporary Classification Structure means the classifications set out in Appendix Two of this
Agreement.
5. Relationship to the Previous Agreement
This Agreement will stand alone and operate to the express exclusion, to the extent permitted by law, of any
other laws, awards (other than the National Training Wage Award 2000 or a replacement Modern award or
agreements that would otherwise apply had it not been for the making of this Agreement).
6. Agreement to be accessible
Copies of the Agreement shall be fully accessible to all parties covered by it.
6 | MyState Limited Enterprise Agreement 2021 - 2024Part B Employment Relationship and Associated Matters
7. Types of Employment
7.1 Employment Categories
(a) Employees employed under this Agreement will be employed in one of the following categories:
(i) full-time employees;
(ii) part-time employees;
(iii) casual employees; or
(iv) maximum-term employees.
(b) At the time of engagement, the Employer will inform each employee of the terms of their engagement
and in particular whether they are to be full-time, part-time, casual or maximum term.
7.2 Full-Time Employees
A full-time employee shall mean a person employed to work 37.5 ordinary hours per week.
7.3 Part-Time Employees
(a) A part-time employee is an employee who:
(i) works less than 37.5 hours per week;
(ii) has regular hours of work as specified or varied by mutual consent of the parties;
(iii) works a minimum of three consecutive hours on any one day; and
(iv) receives, on a pro-rata basis, equivalent wages and conditions to those of a full-time
employee who performs the same kind of work.
(b) Part-time employees will have equal access to training, promotion and career opportunities.
7.4 Temporary Increase in Hours of Work for Part-Time Employees
(a) Part-time employees may, by mutual agreement, work additional hours to their ordinary hours on a
temporary basis up to a maximum of 37.5 hours in any one week. The period may, by mutual
agreement, be less than the minimum three consecutive hours on any one day.
(b) Such additional hours shall be paid at the ordinary time rate of pay and such additional hours will
attract accruals of leave.
7.5 Change to Hours of Work for Part-Time Employees
(a) The Company may seek to vary a part-time employee’s agreed hours of work, within the spread of
hours specified in sub clause 18.1(a) at any time to meet the operational requirements of the
workplace.
MyState Limited Enterprise Agreement 2021 - 2024 | 7(b) Any variation to the agreed hours of work, either on a temporary or a permanent basis, will be
negotiated following a full, open and non-coercive discussion on the needs of each party.
7.6 Casual Employment
(a) A casual employee shall mean an employee who is engaged on an irregular or intermittent basis to
perform specific duties as and when required.
(b) On each occasion a casual employee is required to attend work he or she is entitled to a minimum
payment for two hours work, paid at the applicable hourly rate plus a loading of 25% in lieu of paid
annual leave, paid personal/carer’s leave, notice of termination, redundancy payments and any other
attributes of full-time or part-time employment.
7.7 Maximum Term Employment
(a) A maximum term employee is engaged on a fixed term basis for the purpose of meeting special needs
or completing special projects.
(b) A temporary employee employed under this clause shall be paid for all ordinary hours worked at the
rate of pay prescribed in clause 13 for the classification of the work performed.
8. Changing Business and Operational Needs
8.1 Changing business and operational needs during the period of this Agreement may necessitate either a
permanent or temporary change in an employee’s work duties, place of work and/or work roster.
8.2 In the first instance, the parties will attempt to reach a mutually agreeable outcome to the proposed changes.
8.3 Any permanent change(s) to an employee’s work duties, place of work or work roster under this clause, will
only be made after the Company has fully assessed all factors it considers relevant such as:
(a) the employee’s personal circumstances (including family and work/study responsibilities);
(b) that the new position offered is substantially similar or better than the employee’s current position; and
(c) that the location of the new position is within reasonable travelling distance from the employee’s
home.
8.4 The changes will be confirmed in writing with the employee by giving at least four week’s notice (or such
lesser period of notice as may be agreed with the employee).
8.5 Where a temporary change(s) in work duties, place of work or work roster needs to be made, the employee
will be advised of the necessary change(s) during consultation and will be provided with as much notice as
possible. The provisions of clause 8.3 will also apply in this case.
8.6 This clause does not preclude the entitlements of employees under clause 30 – Redundancy.
8.7 Any dispute in relation to the changes will be resolved through the Dispute Resolution Procedure, clause 29 of
this Agreement. No changes shall be made to the employee’s work arrangements until the matter is resolved
in accordance with the Dispute Resolution Procedure.
8 | MyState Limited Enterprise Agreement 2021 - 20249. Temporary Transfer
9.1 If a current employee is transferred to a different position on a temporary basis, the employee shall receive at
least the minimum salary for that position during the period.
9.2 Upon the employees return to their substantive position, their salary shall return to the salary for their
substantive position.
9.3 In circumstances where the salary for the employee’s substantive position is higher than that for the position
the employee is being transferred to, the employee shall retain their substantive position salary during the
period.
9.4 The employee will be provided with details of the period and terms of the transfer in writing if the period is
expected to exceed one full month.
9.5 Employees may need to be transferred temporarily to a like role, without notice, to provide emergency relief, in
instances of staff shortages within the business. The provisions of clause 8.3 will also apply in this case.
10. Qualifying Period
10.1 An employee may be engaged as a qualifying employee during an initial period of up to six months’ duration.
The qualifying period shall be specified in the contract of employment.
10.2 The Company may terminate a qualifying employee’s employment contract at any time during the period on
one week’s notice or payment in lieu of notice.
11. Termination of Employment
11.1 Termination by the employer
(a) Apart from during the qualifying period, employment may be terminated by the employer with the
provision of notice in accordance with the following schedule:
Employee’s period of continuous service with Period of notice
the employer
Not more than 1 year 1 week
More than 1 year but not more than 3 years 2 weeks
More than 3 years but not more than 5 years 3 weeks
More than 5 years 4 weeks
(b) Payment may be made in lieu of the appropriate period of notice.
(c) In addition to the notice in clause 11.1(a), employees over 45 years of age at the time of the giving of
the notice with not less than two years’ continuous service with the Company, shall be entitled to an
additional week’s notice or payment in lieu of notice.
MyState Limited Enterprise Agreement 2021 - 2024 | 911.2 Notice of Termination by Employee
(a) The notice of termination required to be given by an employee shall be the same as that required by
the Company, save and except that there shall be no additional notice based on the age of the
employee concerned.
(b) If an employee fails to give notice the Company shall have the right to withhold moneys otherwise due
to the employee for the period of notice not given.
11.3 Time Off Work During Notice Period
(a) Where the Company has given notice of termination to a full-time employee or a part time employee,
the employee shall be allowed up to one day’s leave per week without loss of pay for the purpose of
seeking other employment. The leave shall be taken at times that are convenient to the employee
after reaching agreement with the Company.
11.4 Summary Dismissal
The employer reserves the right to instantly dismiss any employee who is found guilty of serious misconduct.
In such cases salaries will be payable up to the time of dismissal only.
12. Agreement Flexibility
12.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility
arrangement to vary the effect of terms of the agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of
the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
12.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was
made.
12.3 The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
10 | MyState Limited Enterprise Agreement 2021 - 2024(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a
parent or guardian of the employee; and
(d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her
employment as a result of the arrangement; and
(iv) states the day on which the arrangement commences.
12.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is
agreed to.
12.5 The employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing – at any time.
MyState Limited Enterprise Agreement 2021 - 2024 | 11Part C Wages and Related Matters
13. Classifications and Rates of Pay
13.1 Wage Increases and Transition Arrangements
(a) Once the Agreement comes into operation, employees covered by this Agreement will be paid in
accordance with the rates of pay set out in Appendix 1 Table 1 and following Transition, in Table 2.
(b) No current employee will receive a reduction in salary as a result of the transition process.
(c) For the avoidance of doubt, in this Agreement, the terms salary and wages are used interchangeably.
(d) The applicable salary rates are a minimum and maximum salary rate for each band. All rates are
exclusive of superannuation.
13.2 Fixed Salary Increase
(a) Fixed salary increases will be applied to the salary rates prescribed in Appendix 1, Table 1 from the
first full pay period commencing on or after 1 April 2021 in line with the following schedule.
Band 2 4%
Band 3 – 9 3%
(b) Employees will transition to the rates of pay set out in Appendix 1, Table 2 from the first full pay period
after 1 October 2021. Where the transition results in the employee being paid less than the minimum
range for which their role is classified, their salary will be increased to the minimum range.
(c) Fixed salary increases will be applied to the salary rates prescribed in Appendix 1 Table 2 from the
first full pay period commencing on or after 1 October in line with the following schedule.
Level A – E 2% October 2022
Level A – E 2% October 2023
(d) All increases will be calculated as a percentage increase to each employees’ combined annual salary.
(e) If an employee’s fixed salary increase takes them over, or if the salary is already above the maximum
salary for the band as set out in Appendix 1, the employee will receive a salary increase up to the
maximum and then any amount over the maximum will be paid as a once off lump sum payment only.
13.3 Company Performance Bonus
(a) Employees may be eligible for a Bonus payment provided the Company meets eligibility based
performance criteria within a financial year, as determined by the company. This Bonus is payable
from a pool equivalent to 2% of the fixed salary cost (base salary and superannuation) of all employees
12 | MyState Limited Enterprise Agreement 2021 - 2024covered by this Agreement, excluding those eligible to participate in the Short Term Incentive
Scheme, or alternative incentive program. The decision to pay any bonus and/ or the allocation of
payment from the pool upon the Company meeting eligibility criteria is at the complete discretion of
the Company.
13.3.1 Bonus payments, where eligible, will be paid in the first pay period on or after 1 October in the following
financial year. For the purposes of this Agreement, applicable payment periods for the Bonus scheme would
be;
October 2021
October 2022
October 2023
13.3.2 Bonus payments will be made as single lump sum payments and not an addition to Salary.
(b) Employees, who are placed on Performance Management, as advised in writing, will not be eligible for
any Company Bonus payment made for the corresponding Financial Year.
(c) For staff that commence after the start of the financial year in which a bonus period commences any
payment owing at the end of that period will be made on a pro rata basis.
(d) Employees who are eligible to participate in the Company Short Term Incentive Scheme, or
alternative incentive program, as advised in writing, will not be eligible for any Company Bonus
payment made for the corresponding Financial Year.
(e) The Company will, for the Financial Year 2021, pay to eligible employees a Company Bonus payment
of 2% of fixed salary (inclusive of superannuation) ] in accordance with this clause 13.3.
13.4 Payment of Wages
The Company shall pay wages fortnightly by electronic transfer to the employee’s nominated financial
institution account. Provided that at the discretion of the Company, such salary may be paid by cheque in
exceptional circumstances.
14. Overpayments
Where the Company has overpaid an employee, the amount of the over payment will be treated in the same
way as an advance payment and the Company shall notify the employee in writing of such overpayment and
how such overpayment is made up. The Company will recover such amounts as soon as is reasonable,
dependant on the size of the overpayment and the circumstances of the employee after consultation with the
employee. Any deduction from the employee's pay shall be authorised by the employee. In the event of a
dispute, the Company or the employee may activate the dispute resolution clause of this agreement to resolve
the matter.
MyState Limited Enterprise Agreement 2021 - 2024 | 1315. Superannuation
15.1 Contributions by the Company
(a) Employees are entitled to superannuation payments in accordance with relevant legislation.
15.2 Superannuation Contributions by Salary Sacrifice
(a) An employee may nominate a percentage or a dollar amount of their ordinary fortnightly wage as a
Salary Sacrifice Superannuation Contribution (before tax payroll deduction) in accordance with
company policy and any relevant legislation.
(b) A salary sacrifice application form will be required to be completed by the employee and provided to
the Company’s payroll department for the salary sacrifice to occur.
(c) The Company must approve the salary sacrifice application before the employee’s ordinary wage is
adjusted for salary sacrifice contributions.
(d) Having made a salary sacrifice election an employee shall for all purposes of this Agreement, have
their wage reduced by the relevant elected amount and the employer, acting in accordance with these
arrangements, is deemed to comply with the obligation to pay wages as stipulated in the Agreement.
(e) The salary sacrifice election by the employee will not have an effect on the calculation of benefits for
leave liability, death and disability cover, future salary reviews and any other benefits (including
termination payments). These payments will be calculated on the employee’s gross salary prior to the
employee entering into a salary sacrifice arrangement.
(f) Should any laws governing taxation or superannuation change at any time so as to impose any
additional cost or tax upon the Company, than those applicable at the commencement of the
operation of the Agreement, then the Company may cease or vary the salary sacrifice contribution but
only after having issued a notice to the employee of their intention to cease or vary the salary sacrifice
for the employee, including details of the reasons for the cessation or variation and 14 days has
elapsed following the issuing of the notice.
15.3 Voluntary Superannuation Contribution
An employee may elect to make additional superannuation contributions by way of an after tax payroll
deduction.
15.4 Payment of Superannuation to Superannuation Funds
Payments of superannuation to superannuation funds will occur monthly, subject to payroll. Any delayed
payments will be rectified as soon as practicable.
14 | MyState Limited Enterprise Agreement 2021 - 2024Part D Allowances and Expenses
16. Allowances
16.1 Higher Duties
An employee required, authorised and appointed to perform the normal duties of a higher classification than
the employees substantive position for no less than ten consecutive working days shall be paid at least the
minimum rate for the period, backdated to the commencement of the higher duties.
16.2 Stand-by and Call-back Allowance
(a) An employee required to be available by roster for stand-by to perform work outside their ordinary
hours will be paid a stand-by payment at the following rate:
Days per day
Monday to Friday inclusive $18.61
Saturdays, Sundays and public $38.00
holidays
(b) An employee who formally is rostered to stand by and is recalled to work will be paid in accordance
with the provision of clause 18.5.
(c) For the purpose of assessing the duration of the call-out, time spent on the journey from home to work
and from work to home by the most direct route will be included. Provided that the minimum payment
for work performed under this clause will be two hours.
(d) Where an employee provides their own car, and uses it in connection with the employer’s business in
the above circumstances, they will be paid an allowance as provided by clause 17.2 when so using
the car. Payment will be calculated on a home to home basis.
(e) Where the employee uses public transport, including the use of taxis with the approval of the
Company, the fare will be reimbursed,
(f) An employee while rostered on stand-by will be reimbursed for all business calls.
(g) An employee who is not formally rostered to stand by but is recalled to work shall be paid overtime in
accordance with clause18.5For the purposes of assessing the duration of the call-out, time spent on
the journey from home to work and from work to home (by the most direct route) shall be included.
The minimum payment for work performed under this clause shall be two hours.
16.3 First Aid Allowance
(a) Where the Company appoints an employee as an accredited first aid officer to perform first aid duties,
the employee shall be paid a fortnightly allowance of $32.30 and will be indexed as dictated by the
Fair Work Commission annually.
(b) The allowance is payable whilst the employee continues to hold a valid first aid qualification and
remains appointed by the Company as an accredited first aid officer, and whilst they continue to be
employed in their current location.
MyState Limited Enterprise Agreement 2021 - 2024 | 1516.4 Meal Allowance
An employee, shall be paid a meal allowance of $20.00, or be provided with a suitable meal, after working a
minimum of one and a half hours overtime, provided that the period extends beyond 7.00 pm. A further
allowance of $15.00 must be paid if the overtime exceeds five and a half hours.
17. Expenses
17.1 Travelling Expenses
Employees will be paid all reasonable and identifiable out of pocket expenses when travelling on Company
business.
17.2 Work Related Car Expenses
An employee who uses their own car on business of the Company with the authority of the Company will be
reimbursed on a per kilometre basis based on the prevailing car allowance rate from time to time determined
by the ATO.
16 | MyState Limited Enterprise Agreement 2021 - 2024Part E HOURS OF WORK, BREAKS AND OVERTIME
18. Hours Of Work
18.1 Spread of Hours
(a) The spread of hours will be:
(i) 7.00 am to 7.00 pm, Monday to Friday; and
(ii) 8.00 am to 12.00 pm, Saturday.
(b) Commencing and ceasing times within the spread of hours may be staggered by the employer to
improve operational efficiency.
(c) Where the employer proposes to introduce extended trading hours, preference for working those
hours will be given to employees in the following order:
(i) Employees employed specifically to work the extended trading hours;
(ii) An employee who has expressed an interest in working the extended trading hours by
substituting their standard hours;
(iii) An employee who has expressed an interest in working the extended trading hours in addition
to working their normal hours and be paid for such hours as per clause 18.5
18.2 Ordinary Hours – Full Time Employees
(a) The ordinary hours of work for full time employees shall be 37.5 per week, plus reasonable additional
hours.
(b) For the purposes of this clause:
(i) The ordinary or contracted hours of work are the hours agreed within the spread of hours, and
for a full-time employee equates to 37.5 hours per week.
(ii) Ordinary hours of work will be worked within the spread of hours (exclusive of meal breaks).
18.3 Ordinary Hours – Part Time Employees
(a) The ordinary or contracted hours of work for part time employees are the hours agreed within the
spread of hours, and shall not be more than 37.5 per week (exclusive of meal breaks).
18.4 Meal and Rest Breaks
(a) All employees will be entitled to an unpaid meal break each day of at least 30 minutes duration. Meal
breaks can be varied by mutual agreement taking into consideration the 37.5 hour working week.
In addition, full-time employees and part time employees required to work three hours or more will be entitled to a paid
morning and afternoon rest break of not more than 10 minutes at a time suitable to meet the operational needs of their
particular business unit.
MyState Limited Enterprise Agreement 2021 - 2024 | 1718.5 Overtime, Weekend and Public Holidays Work
(a) Employees other than those classified as Band 5 or above in Appendix 1 and on Transition to the
Contemporary Classification Structure Level C or above in Appendix 2
– are entitled to overtime payments as follows:
Full time employees required to work in excess of 37.5 hours in any one week, or outside the spread
of hours specified in clause 18.1(a), and part-time employees required to work in excess of 7.5 hours
per day, or outside the spread of hours specified in or clause 18.1(a)will be paid at the rate of:
(i) time and a half for the first three hours and double time thereafter;
(ii) for work performed on a Saturday:
(A) time and half for the first three hours and double time thereafter; and
(B) double time for all time worked after 12.00 pm.
(iii) double time for all work performed on a Sunday.
(b) For all staff, overtime rates will not be paid in the following circumstances:
(i) attendance at training and development activities;
(ii) attendance at staff meetings and/or other nominated events; and
(iii) where the extra hours worked have not been approved in advance of working the extra hours
by the employee’s Manager.
(c) An employee working overtime will be allowed a 20 minute paid rest break once the employee has
worked five hours since the last rest break.
(d) For all time worked on a prescribed public holiday, payment will be made at the rate of double time
and a half (based on the ordinary rate), with a minimum payment as for four hours worked.
(e) In all cases, overtime shall only be worked where there is a genuine business requirement and with
the authorisation of the Company.
(f) For the purpose of determining the hourly rate specified in clause(a)overtime purposes, the
appropriate weekly rates will be divided by 37.5 or pro-rata for part-time employees.
(g) An employee may elect, with the consent of the Company, to take time off instead of payment for
overtime at a time or times agreed with an employer, provided any time off for overtime which has not
been taken will, upon termination of the employee's employment, be paid out at the overtime rate
applicable to the overtime worked by the employee.
(h) Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate that is an
hour for each hour worked.
18.6 Annualised Salary
(a) For employees employed under annualised salary arrangements, the annual salary will be all
encompassing and, unless otherwise provided for in this Agreement, includes base wage, allowances,
leave loading, overtime and penalty rates, travel time and weekend and public holiday rates
18 | MyState Limited Enterprise Agreement 2021 - 2024Part F Leave and Public Holidays
19. Annual Leave
19.1 Full time employees are entitled to four weeks annual leave per year of continuous service in accordance with
the NES. Part time employees will accrue annual leave on a pro-rata basis.
19.2 Paid annual leave may be taken for a period agreed. The Company will not unreasonably refuse to agree to a
request for annual leave.
19.3 Annual leave is cumulative. The Company encourages employees to not accumulate an entitlement of more
than four weeks.
19.4 Employees are required to take a consecutive period of at least two weeks annual leave per year of service (at
a time agreed, or failing agreement as directed by the Company) provided that this requirement does not
apply:
(a) If it is not reasonable in a given case taking into account an Employee’s circumstances and business
needs; or
(b) If an Employee and the Company agree otherwise.
19.5 In circumstances where an employee has more than six weeks leave accrued, and where no annual leave
application has been received, the employer may direct the employee by the giving of 4 weeks notice, to take
annual leave.
19.6 If the employee wishes to accumulate leave in excess of six weeks for special circumstances, the employee
may make application to their manager for approval. In these circumstances, the Company reserves the right
to transfer the employee to another business unit for a period of two weeks.
19.7 If an employee becomes ill while on annual leave for at least two consecutive days they may apply for a re-
credit of annual leave and have the number of days on which they were ill deducted from their sick leave
credits instead. The Company may require evidence as prescribed in clause21.4.
19.8 An employee and the Company may agree in writing to the employee cashing out a particular amount of
accrued annual leave, subject to the following:
(a) paid annual leave will not be cashed out if the cashing out would result in the employee's remaining
accrued entitlement to paid annual leave being less than 4 weeks;
(b) each cashing out of paid annual leave will be by a separate agreement in writing between the
Company and the employee; and
(c) the employee will be paid at least the full amount that would have been payable to the employee had
the employee taken the leave that the employee has forgone.
19.9 The Company may require an employee to take annual leave as part of a closedown of its operations, by
giving at least four weeks' notice.
20. Compassionate Leave
20.1 An employee, including a casual employee, is entitled to up to four days’ paid compassionate leave per
occasion for a member of the employees 'Immediate Family' or 'Household'.
MyState Limited Enterprise Agreement 2021 - 2024 | 1920.2 A casual employee will be entitled to receive a payment equivalent to their usual salary for the ordinary
rostered hours they would have been required to work on that day.
21. Personal/Carer’s Leave
21.1 Paid Personal/Carer’s leave
An employee may take paid personal/carer’s leave if the leave is taken:
(a) because the employee is unfit for work because of a personal illness, or personal injury, affecting the
employee; or
(b) to provide care or support to a member of the employee’s 'Immediate Family'', or a member of the
employee’s 'Household', who requires care or support because of:
(i) a personal illness, or personal injury, affecting the member; or
(ii) an unexpected emergency affecting the member.
(c) to attend preventative and planned health related appointments, defined as appointments intended to
prevent or screen for a medical condition affecting the employee which have been made with or
recommended by a registered medical practitioner for a total of two days (non-cumulative) per year.
21.2 Amount of Personal/Carer’s Leave
(a) Employees will be entitled to up to 12 days of paid leave in the first and each subsequent year of
service. Part time employees are entitled to the amount of paid leave on a pro rata basis.
(b) Leave will accrue progressively during a year of service. Full time employees will accrue leave
according to their ordinary hours and part-time employees will accrue on a pro-rata bases in
accordance with weekly hours worked.
21.3 Employee must give notice
(a) The employee will, where practicable, inform the Company of their inability to attend for duty due to
personal illness or injury within one hour of the commencement of the absence and, as far as
possible, state the estimated duration of absence.
(b) An employee must, where practicable, give the Company notice prior to the absence of their intention
to take leave to care for a member of their immediate family or household, or because of an
unexpected emergency affecting the member, and the estimated length of absence. If it is not
practicable for the employee to give prior notice of the absence, the employee must notify the
Company of such absence as soon as is reasonably practicable.
21.4 Evidence supporting claim
The Company may require that an application for personal/carer’s leave and to attend preventative and
planned health related appointments is supported by the production of a medical certificate or other evidence
satisfactory to the Company (which may include an affidavit or statutory declaration).
20 | MyState Limited Enterprise Agreement 2021 - 202421.5 Unpaid Personal/Carer’s Leave
(a) Where an employee’s paid personal/carer’s leave entitlement has been exhausted, the employee will
be entitled to two days’ unpaid carer’s leave for each occasion when a member of the employee’s
'Immediate Family'', or a member of the employees 'Household'', requires care or support because of:
(i) a personal illness, or personal injury, affecting the member; or
(ii) an unexpected emergency affecting the member.
(b) Casual employees will be entitled to two days’ unpaid carer’s leave per occasion.
22. Community Service Leave
Employees are entitled to unpaid community service eave in accordance with the NES guidelines.
An employee who engages in voluntary emergency management activity for a recognised emergency
management body (as defined by the NES guidelines), will be entitled to 10 days paid leave to engage in this
activity and for reasonable travel and rest time. This leave is available in full at the start of each 12 month
period of the employee’s employment, does not accumulate from year to year and is available to full-time,
part-time and casual employees.
23. Leave without Pay
23.1 The Company shall give consideration to any request for leave without pay by an employee.
23.2 All periods of approved Leave without Pay granted by the Company are not counted as service for the
calculation of annual leave, personal sick/carers leave, long service leave, redundancy and parental leave.
24. Special Leave
Employees can make application for up to 10 days paid special leave for matters of pressing domestic
necessity.
24.1 Family and Domestic Violence Leave
(a) An Employee may take leave to deal with family and domestic violence in accordance with the special
leave clause 24 if the employee:
(i) is experiencing family and domestic violence; and
(ii) needs to do something to deal with the impact of the family and domestic violence and it is
impracticable for the employee to do that thing outside their ordinary hours of work.
(b) The reasons for which an employee may take leave include making arrangements for their safety or
the safety of a family member (including relocation), attending urgent court hearings or accessing
police services.
MyState Limited Enterprise Agreement 2021 - 2024 | 21(c) In addition, an Employee who provides support to an immediate family member (as defined in the
NES) who is a victim of family violence is encouraged to apply to access special leave for the purpose
of:
(i) accompanying that person to legal proceedings, counselling, or appointments with a medical
or legal practitioner;
(ii) assisting with relocation or other safety arrangements; or
(iii) other activities associated with the family violence including caring for children.
(d) This leave is available in full at the start of each 12 month period of the employee’s employment, does
not accumulate from year to year and is available to full to part-time and casual employees.
(e) This leave will be in addition to existing leave entitlements, may be taken as consecutive or single
days or as a fraction of a day.
24.2 Notice and Evidentiary Requirements
(a) The Employee shall give the Company notice as soon as is reasonably practical of their request to
take leave under this clause.
(b) The Company may require that the Employee provide evidence that would satisfy a reasonable
person that the leave is for the purpose as set out above. Such evidence may include a documents
issued by the police service, a court, a doctor, a lawyer, a family violence support service or a
statutory declaration signed by a Justice of the Peace.
24.3 Confidentiality
(a) The Company must take steps to ensure information concerning any notice an employee has given, or
evidence an employee has provided under clause 24.2(b) is treated confidentially, as far as it is
reasonably practicable to do so.
(b) Nothing in clause 24.3 prevents an employer from disclosing information provided by an employee if
the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the
employee or another person.
(c) Information concerning an employee’s experience of family and domestic violence is sensitive and if
mishandled can have adverse consequences for the employee. The Company will consult with such
employees regarding the handling of this information.
25. Long Service Leave
25.1 Long Service Leave entitlements become available to an employee after ten years’ continuous service. Long
Service Leave is accrued at 6.5 days per annum for each continuous year of service, which equates to
13 weeks’ leave after 10 years of continuous service.
25.2 Tasmanian Perpetual Trustees employees who were accruing on the basis of 13 weeks leave for each 15
years of completed service under the Tasmanian Long Service Leave Act 1976 prior to 22nd June 2011 will
continue to have those accruals preserved.
25.3 Employees who were accruing on the basis of 8.667 weeks for each 10 years of completed service prior to
4 August 2014 continue to have their Long Service Leave accruals preserved. Employees will be entitled to
take any preserved Long Service Leave after 10 years of continuous service.
22 | MyState Limited Enterprise Agreement 2021 - 202425.4 Part time employees will accrue Long Service Leave on a pro-rata basis in accordance with weekly hours
worked.
25.5 An employee may after 10 years’ continuous service and with the approval of the Company, elect to have all
or part of their Long Service Leave paid to them in lieu of taking the entitlement as time off work.
25.6 If an employee wishes to cash in their Long Service Leave entitlement, he or she must put their request in
writing to People and Culture indicating the amount of accrued Long Service Leave he or she wishes to have
paid to them and indicating that they elect to forgo that amount of Long Service Leave.
25.7 An employee must give three months' notice to the Company of their intention to take Long Service Leave.
People and Culture may approve a shorter period of notice.
25.8 If an employee becomes ill while on long service leave for at least two consecutive days they may apply for a
re- credit of long service leave and have the number of days on which they were ill deducted from their sick
leave credits instead. The Company may require evidence as prescribed in clause 20.4.
25.9 All other Long Service Leave Provisions will be in accordance with the relevant state act determined by the
employee’s location of employment.
26. Parental Leave
26.1 Employees are entitled to unpaid parental leave in accordance with the NES.
26.2 Paid Leave Entitlement
(a) Employees will be eligible for company paid parental leave if they are the primary caregiver of the
child or adopted child as defined by the Paid Parental Leave Act 2010.
(b) Eligible employees will be entitled to 12 weeks paid leave. This will be paid at the commencement of
the employee’s parental leave, unless she/he elects to take leave at half pay over a period of 24
weeks.
(c) Employees eligible for parental leave will be entitled to paid time off to attend medical appointments
associated with the pregnancy.
(d) Employees eligible as the secondary carer will be granted 10 days paid leave at the time of the birth or
placement of the child as defined by the Paid Parental Leave Act 2010.
(e) In addition to the paid leave entitlement prescribed in sub-clause 25.2 employees are entitled to paid
leave in accordance with the Paid Parental Leave Act 2010.
(f) The Company will make superannuation contributions for the first 12 months of parental leave,
including during unpaid periods of leave. For the purpose of clause 26.2(f) the commencement of
parental leave is determined by the date of birth or placement of the child. Superannuation
contributions during unpaid leave will be determined by the superannuation entitlement immediately
prior to the commencement of the parental leave.
27. Public Holidays
27.1 An employee who is rostered to work on a public holiday shall be allowed the following days as paid holidays:
MyState Limited Enterprise Agreement 2021 - 2024 | 23(a) New Year’s Day, Australia Day, Good Friday, Easter Monday, Easter Tuesday (Tasmania & NSW
only), Anzac Day, Queen’s Birthday (on the day on which it is celebrated in a State, or a region of a
State), Christmas Day, Boxing Day and any other day, or part-day, declared by or under a law of the
State or region of the State.
(b) Employees located in Burnie (Tasmania) shall be entitled to observe Devonport Cup Day.
(c) When Christmas Day falls on a Saturday or Sunday, a holiday in lieu thereof will be observed on the
following Monday or Tuesday.
(d) When Boxing Day falls on a Saturday or a Sunday, a holiday in lieu thereof will be observed on the
following Monday or Tuesday.
(e) When New Year’s Day or Australia Day falls on a Saturday or a Sunday, a holiday in lieu thereof will
be observed on the following Monday.
(f) The Company may request that an employee work on a public holiday provided the request is
reasonable. An employee may refuse any request if:
(i) the request is not reasonable; or
(ii) the refusal is reasonable.
(g) In determining whether a request, or a refusal of a request, to work on a public holiday is reasonable,
the following must be taken into account:
(i) the nature of the Company's workplace or enterprise (including its operational requirements),
and the nature of the work performed by the employee;
(ii) the employee's personal circumstances, including family responsibilities;
(iii) whether the employee could reasonably expect that the Company might request work on the
public holiday;
(iv) whether the employee is entitled to receive overtime payments, penalty rates or other
compensation for, or a level of remuneration that reflects an expectation of, work on the public
holiday;
(v) the type of employment of the employee (for example, whether full-time, part-time, casual or
shiftwork);
(vi) the amount of notice in advance of the public holiday given by the Company when making the
request;
(vii) in relation to the refusal of a request - the amount of notice in advance of the public holiday
given by the employee when refusing the request;
(viii) any other relevant matter.
24 | MyState Limited Enterprise Agreement 2021 - 2024Part G Consultation and Dispute Resolution Change and
Redundancy
28. Consultative Processes
28.1 This term applies if the employer:
(a) has made a definite decision to introduce a major change to production, program, organisation,
structure or technology in relation to its enterprise that is likely to have a significant effect on the
employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of work of employees.
Major change
28.2 For a major change referred to in paragraph 28.1(a):
(a) the employer must notify the relevant employees of the decision to introduce the major change; and
(b) subclauses 28.3 to 28.928.9 apply.
28.3 The relevant employees may appoint a representative for the purposes of the procedures in this term.
28.4 If:
(a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of
consultation; and
(b) the employee or employees advise the employer of the identity of the representative; the employer
must recognise the representative.
28.5 As soon as practicable after making its decision, the employer must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the
employees; and
(b) for the purposes of the discussion – provide, in writing, to the relevant employees:
(i) all relevant information about the change including the nature of the change proposed; and
(ii) information about the expected effects of the change on the employees; and
(iii) any other matters likely to affect the employees.
28.6 However, the employer is not required to disclose confidential or commercially sensitive information to the
relevant employees.
28.7 The employer must give prompt and genuine consideration to matters raised about the major change by the
relevant employees.
MyState Limited Enterprise Agreement 2021 - 2024 | 2528.8 If a term in this agreement provides for a major change to production, program, organisation, structure or
technology in relation to the enterprise of the employer, the requirements set out in paragraph 28.2(a) and
subclauses 28.3 and 28.5 are taken not to apply.
28.9 In this term, a major change is likely to have a significant effect on employees if it results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the employer’s workforce or to the skills required
of employees; or
(c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
28.10 For a change referred to in paragraph 28.1(b):
(a) the employer must notify the relevant employees of the proposed change; and
(b) subclauses 28.11 to 28.15 apply.
28.11 The relevant employees may appoint a representative for the purposes of the procedures in this term.
28.12 If:
(a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of
consultation; and
(b) the employee or employees advise the employer of the identity of the representative; the employer
must recognise the representative.
28.13 As soon as practicable after proposing to introduce the change, the employer must:
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purposes of the discussion – provide to the relevant employees:
(i) all relevant information about the change, including the nature of the change; and
(ii) information about what the employer reasonably believes will be the effects of the change on
the employees; and
(iii) information about any other matters that the employer reasonably believes are likely to affect
the employees; and
(c) invite the relevant employees to give their views about the impact of the change (including any impact
in relation to their family or caring responsibilities).
28.14 However, the employer is not required to disclose confidential or commercially sensitive information to the
relevant employees.
26 | MyState Limited Enterprise Agreement 2021 - 202428.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant
employees.
28.16 In this term:
relevant employees means the employees who may be affected by a change referred to in subclause 28.1.
29. Dispute Resolution Procedure
29.1 If a dispute relates to:
(a) a matter arising under the agreement; or
(b) the National Employment Standards;
this term sets out procedures to settle the dispute.
29.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in
this term.
29.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by
discussions between the employee or employees and relevant supervisors and/or management.
29.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to
Fair Work Commission.
29.5 The Fair Work Commission may deal with the dispute in 2 stages:
(a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including
by mediation, conciliation, expressing an opinion or making a recommendation; and
(b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work
Commission may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties.
Note : If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under
the Act.
A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3
of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.
29.6 While the parties are trying to resolve the dispute using the procedures in this term:
(a) an employee must continue to perform his or her work as he or she would normally unless he or she
has a reasonable concern about an imminent risk to his or her health or safety; and
(b) an employee must comply with a direction given by the employer to perform other available work at
the same workplace, or at another workplace, unless:
(i) the work is not safe; or
(ii) applicable occupational health and safety legislation would not permit the work to be
performed; or
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