From:
Cassie Botha
To:
s47F
Cc:
s47F
Subject:
RE: ABC Band 1 and Buyouts Review - s47F
market allowance agreement [ABC-PAL.FID37968]
[SEC=OFFICIAL]
Date:
Friday, 29 October 2021 2:50:46 PM
Attachments:
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image002.jpg
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Hi s47F
Hope you’ve had a good week.
Please find our responses to the FWO’s questions regarding market allowances below:
How many employees the market allowance offset issue affects
There are 850 employees who are in receipt of a market allowance for at least one pay period
during the course of the review. 386 of those employees have received an individual review
outcome of ‘underpaid’ based on an assessment of payments made in relation to their total
salary including market allowance.
The total dollar value of the market allowance that the ABC is seeking to offset
The approximate total dollar value is currently sitting at s47G
I hope this information is useful and please let me know if you have any questions.
Hope you have a good weekend too.
Kind regards,
Cassie
ABC
Cassie Botha
Employment Counsel
People & Culture
P: 02 8333 4354
M: 0409 833 564
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and Traditional Custodians of the lands where we live, learn and work.
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From: s47F
Sent: Wednesday, 27 October 2021 5:38 PM
To: Cassie Botha <xxxxx.xxxxxx@xxx.xxx.xx>
Cc: s47F
Subject: RE: ABC Band 1 and Buyouts Review - s47F
market allowance agreement [ABC-
PAL.FID37968] [SEC=OFFICIAL]
OFFICIAL
Many thanks Cassie, we will review and come back to you.
In the meantime, can you please advise:
1. How many employees the market allowance offset issue affects
2. The total dollar value of the market allowance that the ABC is seeking to offset
If this information is to hand, please provide it by COB Friday 29 October 2021. Otherwise, please
give me an estimated time frame you would need to come up with this data.
Kind regards,
s47F
Enforcement
FAIR WORK OMBUDSMAN
s47F
GPO Box 9887 Melbourne VIC 3001
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From: Cassie Botha <xxxxx.xxxxxx@xxx.xxx.xx>
Sent: Wednesday, 27 October 2021 9:54 AM
s47F
Subject: ABC Band 1 and Buyouts Review - Levent Eroglu market allowance agreement [ABC-
PAL.FID37968]
CAUTION: This email originated from outside of the organisation. Do not click links or
open attachments unless you recognise the sender and know the content is safe.
Dear s47F
I’m writing to follow up on our recent discussion regarding the contractual arrangements
for s47F
market allowance.
For clarity, we provided a copy of s47F Annual Buyout and Market Loading
Agreement dated 24 November 2016 (“the Agreement”) as
‘Annexure C – Sample MA
and Buyout Contract’ (attached) to our letter to the FWO on 31 August 2021. Page 1 of
the Agreement states that it should be read in conjunction with “
your contract of
employment and the ABC Enterprise Agreement 2013 – 2016 which is available on the
ABC Intranet under Your Employment > Employment Agreements.” [emphasis added]
I have
attached a copy of the contract of employment referred to in the Agreement
(
Attachment 1); the document is titled
‘Variation to Ongoing Employment’ and is dated
22 January 2013. It contains the relevant terms and conditions of employment for
s47F
Band 7 (Pay point 34) Content Maker role, including that the
engagement is offered with a base salary of $85,450 gross per annum. The contract
does not include a buyout or market allowance.
Accordingly, I can confirm that the document provided to the FWO titled
‘Annexure C –
Sample MA and Buyout Contract’ is intended to constitute the entire agreement in
relation to the terms and conditions on which s47F
was paid a buyout and
market allowance from 14 November 2016 to 25 June 2017.
In case it is of assistance, I have attached copies of further employment contracts for
s47F
for periods that fall within the scope of the buyouts review:
Variation to Ongoing Employment –25 December 2017 to 23 December 2018
(
Attachment 2)
Variation to Ongoing Employment – date of effect 24 December 2018
(
Attachment 3)
Please refer to Schedule 1 of Attachments 2 and 3 for the terms and conditions on
which the market allowance has been agreed, including relevantly that the market
allowance is paid in “
recognition of your performance and duties” and forms part of the
