NAB encourages staff to speak out as FSU takes legal action over allegations of ‘excessive, unsafe’ working hours

NAB wants staff to raise concerns about unreasonable workloads with management, as the lender responds to a Federal Court case alleging ‘excessive, unsafe’ working hours.

The FSU says its legal action against National Australia Bank is a test case. Picture: John Gass

National Australia Bank is encouraging staff to raise concerns about unreasonable workloads with management, as the lender responds to a Federal Court case alleging “excessive, unsafe” working hours.

The Finance Sector Union is seeking compensation for employees and penalties against NAB as part of the legal action against the bank. The union’s statement of claim outlines a case against NAB on behalf of four managers, which it says were required to work unreasonable and unpaid hours over several years, in contravention of the Fair Work Act.

NAB’s group executive of people and culture Susan Ferrier on Wednesday said the bank’s priority was the “health and wellbeing” of employees, and stressed they were not expected to work unreasonable additional hours.

“All leaders are expected to proactively monitor workloads and act when they identify an issue or when concerns are raised,” she added.

“We take any instance where workload impacts a colleague’s health and life outside work seriously. If this is the case, we encourage colleagues to raise their concerns with their leader, or to report any concerns via our established channels, including our confidential whistleblower line.”

FSU National Secretary Julia Angrisano said the legal action had “wider ramifications as the bank has an entrenched culture of forcing staff to work excessive, unreasonable and unsafe” hours.

“While they are nominally employed to work 38 hours a week, their actual hours can range between 10 and 16 hours a day, every day of the week, in order to meet excessive workload demands. And many NAB managers have to do unpaid work on weekends to complete assigned tasks or risk being sacked,” she added in a statement.

“On occasions, one of the managers whose work hours will be examined, is required to work from 9am to midnight, and then turn up to work on time the next day.”

The FSU wants NAB to compensate up to 10,000 staff, which it claims are also subject to similar levels of excessive and unpaid work.

The case comes as another high-profile matter on work hours navigates the legal system.

Teal independent Monique Ryan’s former chief of staff Sally Rugg this week failed to convince a Federal Court judge she wanted to keep her job to support her ex-boss.

Federal Court judge Debra Mortimer decided on Tuesday Dr Ryan would not be forced to work with Ms Rugg until a trial could be held to test allegations she was made to work “unreasonable hours” and breached the Fair Work Act.

In the FSU’s case, it is alleging contraventions of section 62 of the Fair Work Act.

The union’s statement said NAB “knowingly contravened the Act” and claimed the bank facilitated “a systematic pattern of conduct” relating to one or more other persons.

“This is a systemic cultural issue of deliberate understaffing and the only way to remedy that is to hire more people,” Ms Angrisano said.

“We will be asking the Federal Court to award compensation to the affected managers and impose substantial penalties on the NAB.”

The FSU said while NAB’s lower level employees were entitled to paid overtime, managers employed at higher levels were not.

The case draws on the experience of two male business banking managers, a male operations manager and a female senior technology consultant working for the NAB and its former wealth division MLC.

The legal action follows a report compiled by the FSU in late 2021 on NAB’s work practices.

Originally published as NAB encourages staff to speak out as FSU takes legal action over allegations of ‘excessive, unsafe’ working hours