ART EA 2023 information

So what is in the ART management proposal?

To help you to understand exactly what this offer will mean for you, we have prepared an annotated version of the Enterprise Agreement. This gives you important information about what the clauses would mean and why you should VOTE NO!

 

VIEW ANNOTATED EA

 

ART EA FAQs

Last updated: 27 November 2023 

 

We’ve answered some of your frequently asked questions about the Australian Retirement Trust (ART) Enterprise Agreement. Click on a question below to view the answer.

These are the questions we’ve received so far, and responses to the best of our knowledge.  We will continue to update it as we receive more questions.

If you have further questions,  ask us by emailing fsuinfo@fsunion.org.au

Make sure you keep up to date with the latest – click here to join our FSU ART EA WhatsApp group or click here to receive email updates. If you’re not already an FSU member you can join here today.

 

 

Agreement Process

14 months as well as a few months of deep listening workshops before that.

That will be a powerful sign to ART that they need to do better on this deal. They will need to come back to the bargaining table to continue negotiations. If this happens, we will do everything possible to finalise the EA and have you voting again as soon as possible on a much better deal!

You will be emailed a link which will enable you to vote.

Make sure your details are up to date with ART so you can receive a link when voting starts. Contact ART or the FSU if you do not receive a link to vote.

We understand that ART will tell people when the Access Period starts.

It's not their decision, it's your decision. ART has included a start date for the Enterprise Agreement in the EA itself. If you don't like it, you're entitled to vote no.

If a majority of you vote in favour of ART's proposal, the EA will start on 22 April 2024. While ART has said pay increases will be paid some time after February 2024, everything else (including leave and retrenchment pay) will not come into effect until towards the end of April 2024.

No and we are recommending that you vote NO to the ART proposal. ART's proposal backflips on the agreed flexibility clause, means a real wages cut for many people at ART, and doesn't fix the massive issues with understaffing and overtime. Click here to read more about our position: https://www.fsunion.org.au/art-ea-pay-calculators/

The access period is now open and voting will begin on Friday 1 December 2023.

This EA will have a nominal expiry of 30 June 2025. We will therefore start negotiating mid-next year.

Around 14 months. The EA is scheduled to commence at the end of April 2024, and will pass its nominal expiry in June 2025.

Only Union members are entitled to vote to take industrial action, and then if succedssful, take industrial action. Ultimately, it will be a question for Union members whether we decide to apply to hold a vote to take industrial action.

 

Leave

ART's view is that they are incorporated into wellbeing leave.

Aboriginal and Torres Strait Islander people can access cultural leave. Other employees with a diverse background can swap a public holiday for a day of cultural significance, or can use wellbeing leave. We fought for an entitlement to cultural and religious diversity leave for all staff, but ART refused.

This is always the case with leave - all people have access to sick leave and parental leave, but not everyone needs sick leave or parental leave each year. Leave is designed to allow you to manage your life outside work, whatever that looks like. Different people have different needs, and we accommodate for that.

This is an old fashioned distinction in parental leave clauses that assumes that mum stays home with the baby while dad works. It has the potential to mean that only one parent can stay home with the baby immediately after birth. Since this is often the birth parent, it means non birth parents who are often men have greatly reduced access to parental leave. The FSU has raised this issue on multiple times and advised ART that it is out of step with other funds on this point.

We made a claim for prolonged sick leave which ART rejected.

ART has so far refused to allow anyone to access leave entitlements under the new EA until the end of April 2024.

Only if you are the primary carer, and you take all of the leave within 12 months of the baby's birth. If your partner takes leave following the birth, you have to start your leave within 12 months of the birth of the baby to access any primary carer leave.

 

Pay

No, we have put this on the table and ART has refused.

No. We have repeatedly raised with ART that many people did not receive a 5% pay increase in year 1 of the Enterprise Agreement. ART has refused to change this.

No, ART has said that on an overall assessment, both heritage groups end up more or less even.

Pay increases are applied to your base pay on 30 June prior to the increase being paid. Your base pay is your substantive role, not any higher duties or secondment role you might be doing.

We have discussed this at length with the Fund and made it clear that there are significant pay disparities between the heritage Funds. We have proposed to include a review mechanism where your pay is assessed against a range of factors including internal relativities. ART initially agreed to that, but has now included wording in the draft EA that lets them determine the criteria to assess you against.

Yes. We are concerned that this (along with changes to flex and overtime) leave people in this situation worse off.

No. We have raised this issue with ART many times during bargaining. We know a number of people received a pay increase last year less than 5%. ART is refusing to provide any additional payments for year 1 of the EA.

Yes, Q LOW2 and LOW3 staff are funding 1.75% of the superannuation increase from their pay.

 

Classification

Sort of - there is a pay and classification review process, but unfortunately ART changed what was agreed and now they get to determine the criteria you're assessed against and you can only appeal to your skip manager (not use the dispute resolution process).

The idea seems to be that Group B are the more senior people with more responsibility and autonomy. Group A are people who more rely on systems and processes in their role with limited oversight of others. We are very concerned that the current descriptors in the EA draft are so vague that it's very difficult to tell which grade roles call in to.

 

Hours of Work

If you're in Group A working part time, you can decide whether to be paid overtime or accrue flex for additional hours worked.

The EA just refers to a payment when you are "called back" to work. We would argue that an alert that you are required to respond to would meet that requirement.

The FSU agrees that there is a trend towards lower working hours. We've been pressing a claim for a 4 day working week trial for over a year. ART has said that moving from the 36.25 hour week will incur an additional cost and appears to have rejected the 4 day week trial proposal.

Potentially, but only in very limited circumstances.

If you're in Group B, you get overtime after you've worked 1.5 hours over your regular hours in one day, or if you work after 9pm. Both do not need to be satisfied.

Under the ART proposal, yes they could attempt to direct you. We do not think this is reasonable and is one of the reasons we fought for fair overtime arrangements.

 

Flexibility

The changes mean that a manager could easily be able to veto a team arrangement.

Previously, teams could determine their own flexibility arrangements, provided they could do their job and had some contact with the office. If a team could not agree, the EA has a dispute resolution clause to sort out any problems. ART has now changed that so managers get the final say on team arrangements unless an employee raises a dispute against their manager.

 

Union Rights

ART's proposed clause that they provided to the FSU said that only 8 reps could have access to rights under the EA, like having reasonable time to do their duties as a rep. After facing backlash, ART changed this to a limit on 40 rep training days per year.

ART has refused to let the FSU present at new starter inductions. This is extremely unusual as we present at induction across the sector including at big 4 banks.