As consultations continue on the new proposed EBA the next key feature we look at is the rights you will have when dealing with a grievance. We also look at certain clauses that CBA has proposed to exclude from the “Binding Recommendation” provision under the Dispute Settlement Procedure and the role of Fair Work Australia (FWA) as the independent umpire.

Dispute Settlement Procedure
 
The Dispute Settlement Clause in the proposed Enterprise Agreement outlines how employees can attempt to resolve a workplace dispute. The clause applies to the entire agreement. If there is a dispute the employee should:

• Attempt to resolve it at the workplace level. This would include discussing the matter with the line manager.
• If the matter is still remains unresolved, it should raise it with their manager once removed. If this fails, the dispute should be raised with their manager twice removed.
• If the attempts to resolve the dispute at workplace level are unsuccessful, the employee or their representative can refer the matter to Fair Work Australia for conciliation.
• At any stage in the process a member can seek assistance and representation from FSU

Binding Recommendation

CBA, for the first time, has agreed to have a workplace dispute heard by an independent umpire, in this case, Fair Work Australia (FWA), where both parties including CBA must abide by the recommendations of FWA.

The bank has however proposed to exclude 5 key clauses from the “Binding Recommendation” provision. These are:

• Performance Assessments/Targets
• Performance Bonuses
• Staffing
• Additional Personal Leave
• CBA’s ability to declare a role redundant

 
Disputes on these 5 clauses can still be referred to FWA for conciliation but the recommendations will not be binding.

It is important we hear your feedback on the proposal that is before you. Please email your feedback to:

CBA at ourworkplace@cba.com.au and FSU at ebafeedback@fsuinion.org.au. Your feedback can also be faxed to CBA on 02 9841 1998 and FSU on 1300 307 943.