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CLAUSE 1 - PRELIMINARY (a) Title This determination shall be called the Australia Post Principal Determination. (b) Scope This determination applies to employees who have not entered into a specific written contract of employment for a middle management or Executive position.
In order to provide for the employment of staff to perform the functions of Australia Post, the following action shall be taken as required:
CLAUSE 3 - INEFFICIENT/INCOMPETENT EMPLOYEES
Where an employee is found to be inefficient or incompetent, or unable to discharge or incapable of discharging the duties applicable to the employee's position, the employee may be:
CLAUSE 4 - REDUCTION IN PART-TIME HOURS
Subject to the proviso at (c) below, an employee will have a right to terminate his or her employment with Australia Post and accept a VRP in the following circumstances:
PRINCIPLE (a) Employee complaints, regardless of their nature, must be resolved quickly and at the point of origin or workplace where possible, or, if not, as close as possible to the point of origin or workplace. APPLICATION (b) If an employee has a complaint arising out of an official instruction or decision or action taken in relation to the employee, the following procedures should be followed: (i) A complaint shall first be discussed by the concerned employee with the supervisor. An observer may be present at the request of either party. (ii) Any complaint not settled under (i) above can then be discussed between the employee and the next level of supervisor or more senior line management. The employee may be accompanied by an accredited union representative or another employee. (iii) If the matter is not resolved, it can be further discussed between the Branch Secretary of the union (or representative of the Secretary), and the next level of management if that is the employee's election. The employee may discuss the matter personally with management at this level if that is preferred by the employee (and be accompanied by another employee). (iv) If the matter is still unresolved after (iii), the employee may submit an application for review by a Board of Reference. The application should be lodged within fourteen days of receipt of advice concerning the outcome of discussions held under (iii) above. (v) Where a Board of Reference is of the opinion that the matter should be reconsidered by Australia Post, it may recommend accordingly and advise of the action it considers appropriate based on the merits of the application. (vi) Upon receipt of a recommendation or advice under (v), Australia Post shall give further consideration to the matter, and may confirm the decision previously made or take such other action as it considers appropriate in the light of the recommendation of the Board of Reference. Any decision not to accept the recommendation of the Board of Reference should not be made below General Manager or equivalent level. (vii) Reasonable time limits shall be allowed for the completion of the discussion stages. Unless otherwise agreed between the parties, at least 7 days should be allowed for each stage of discussions. (viii) The outcome of management's consideration of the complaint under (ii) and (iii) shall be notified in writing. (ix) Until the matter is settled, the employee shall, so far as possible, carry out any instruction given until it is countermanded by proper authority. No employee shall be prejudiced as to the final settlement by the continuance of work.
(x) An employee is not entitled to make an application or lodge a complaint under this process in relation to the following matters:
(xi) An employee may make an application or lodge a complaint directly with a higher level under this process where it would be inappropriate in the circumstances for a review of the decision or action to occur at a lower level. (xii) An employee may be represented or accompanied by a person other than a union representative but these employees or any other party shall not be entitled to legal representation for any purpose in connection with a review of a decision or an action under these procedures. Additional Recreational Leave Remote Localities (a) Employees living and working in district allowance localities shall be granted additional recreation leave for each year of service in such a locality on the following basis: District Allowance Grade Additional Leave A 2 days B 3 days C (plus Darwin & Alice Springs) 5 days D 7 days (b) Employees who were living and working in Darwin on 1 October 1982 shall be entitled to 10 days' additional leave per year unless they elected to receive the benefits of the new remote locality package, including the lower additional leave component under paragraph (a) above. Additional Leave for Travelling Time: Remote Localities (c) Employees living and working in district allowance localities shall be entitled to up to 3 days travelling time if they are delayed in returning from leave by circumstances beyond their control such as floods or fires cutting road or rail links. (d) Employees living and working in the following localities shall be entitled to the travelling time specified when they avail themselves of a fares assistance credit:
Locality Credit Boulia (QLD) half day Jundah (QLD) half day(e) Anticipation of Recreation Leave Credit Subject to operational requirements: (i) Employees may be granted recreation leave in advance in the following circumstances: Provided that such leave shall not exceed the leave which would have been paid out if the employee had ceased employment with Australia Post instead of taking leave and the leave is deducted from the next accrual. (ii) Employees may be granted recreation leave in advance of credit for up to 5 days in any 12 month accrual period for family reasons subject to deduction from the employee's next accrual. (f) Pre 1967 Employees Employees who were appointed before 26 October 1966 and who do not have sufficient service in their final year of employment to cover part of the recreation leave credit which was in advance of their service shall either have their final credit adjusted or repay salary in respect of the excess leave credit. CLAUSE 7 - RETURNED SOLDIERS LEAVE War Service Sick Leave Credit
(a) Employees who are entitled to sick leave and who are returned soldiers may be granted a special war service sick leave credit comprising:
(b) The cumulative credit shall not be availed of until the whole of the non cumulative credit has been exhausted.
(c) The special war service sick leave credit may be availed of for absences due to either:
(d) All applications for special war service sick leave shall be supported by a medical certificate from a medical officer of the Department of Veterans Affairs or a repatriation institute or a medical officer appointed by that Department. Special Leave for Returned Soldiers
(e) Leave of absence with pay may be granted to employees who are returned soldiers for the following purposes:
(f) Such leave may be in one or more periods and without deduction from recreation or sick leave credits up to a maximum of 2 weeks in each year of service. It shall be granted only to returned soldiers whose absence is due to the reasons outlined in sub clause (c). CLAUSE 8 - DEFENCE FORCE LEAVE Leave for Specified Defence Service (a) Leave of absence shall be granted to an employee in respect of any period of specified defence service.
(b) Specified defence service means:
Leave for Other Defence Service
(c) Leave of absence may be granted to an employee:
(d) Leave of absence for other defence service does not apply in relation to an employee performing duty outside Australia and the Territories. Prescribed Defence Service
(e) Each of the following is a prescribed defence service for the purposes of paragraph (c)(i):
(f) Where an employee referred to in paragraph (e) (iii) is, by virtue of section 10A, 39 or 50B of the Defence Act 1903, section 9, 28 or 32A of the Naval Defence Act 1910 or section 4G, 4H or 4J of the Air Force Act 1923, required to render additional service at the conclusion of the period of volunteered service, the additional service is a prescribed defence service. (g) Where an employee who is a member of the naval forces is not required to perform annual training as a member of the naval forces but is required to undergo, at intervals of not less than 2 years, training for a continuous period of not less than 28 days, including Saturdays and Sundays, that training is a prescribed defence service. Leave With and Without Pay (h) Leave to enable an employee to engage in a service referred to in paragraph (e) (i) or (ii) shall be with pay for the first 14 days and without pay thereafter. (i) Leave to enable an employee to engage in the service referred to in paragraph (e) (iii) or sub clause (f) shall be without pay and, in the case of an employee who ceases employment, leave shall not be granted beyond the specified period of employment. Periods of Leave
(j) Leave to enable an employee to engage in the service referred to in paragraph (e) (iv) or (v) shall be with pay and shall not, in any 1 year, exceed the following periods, inclusive of Saturdays and Sundays:
(k) Where the Commanding Officer of an employee certifies in writing that attendance for the purpose of annual obligatory training is necessary for a period in addition to those referred to in sub clause (j) the employee may be granted leave with pay for a further period not exceeding 4 days in any 1 year. (1) Where an employee who is a member of the military forces is required to engage in a continuous period of not less than 33 days training in a year, including Saturdays and Sundays, the employee shall be granted leave during that period, 18 days of which shall be with pay, in lieu of the periods of leave in sub clauses (j) and (k). In addition, any period spent in attendance at a school, class or course of training mentioned in sub clause (e) (v) shall also be with pay. (m) An employee who is a member of the naval force and who is required to engage in the service referred to in sub clause (g) shall be granted up to 28 days leave with pay during that period of service. (n) Where it is considered that it would not, at any time, be in the public interest to grant to an employee leave to attend at an annual training or at a school, class or course of instruction, leave shall not be granted at that time, but shall be granted to attend at an equivalent training or at an equivalent school, class or course of instruction. Application for Leave (o) Application for leave to engage in a prescribed defence service must be in writing and supported by evidence that the employee is required to engage in that service. Certificate re Defence Service (p) An employee who has been granted leave to engage in a service referred to in paragraphs (e) (iii) (iv) or (v) or sub clause (f) or (g) shall at the expiration of that leave submit a certificate by the Commanding Officer specifying the period for which the employee was engaged in that service. (a) Leave without pay may be granted to an employee for such period as is thought fit. (b) Approval of leave without pay for a period in excess of twelve months will be subject to the condition that the employee is placed on the unattached list.
(c) Where leave without pay is so granted, it shall be decided for which purposes, if any, it is to form part of an employee's service.
CLAUSE 10 - HEALTH OF EMPLOYEE DANGEROUS TO OTHERS
(a) If it is believed that an employee is incapable of performing duty or constitutes a danger to other staff or the public due to the employee's state of health, the employee may be required to:
(b) On receipt of the medical report, the employee may be directed to take sick leave for a specified period, or, if already on sick leave, or other leave, the employee may be directed to continue on leave for a specified period, and the absence shall be regarded as sick leave.
(c) Where an employee is required to furnish a medical report or undergo a medical examination and the report of the medical practitioner is not favourable to the employee or the employee fails to attend for the examination without reasonable cause, the fee payable for the examination or visit shall be charged against the employee and deducted from salary.
(a) Australia Post may direct an employee to:
(b) If Australia Post considers that an employee is incapable of performing duty or constitutes a danger to other employees or the public due to the employee's state of health, Australia Post may direct the employee to:
(c) On receipt of the medical report provided in accordance with clause 10(b), the employee may be directed to take sick leave for a specified period, or, if already on sick leave, or other leave, the employee may be directed to continue on leave for a specified period, and the absence shall be regarded as sick leave. (d) An employee to whom a direction is given under clause 10(a) or 10(b) must comply with the direction. (e) Where an employee fails to comply with a direction under clause 10(e) or 10(b) without reasonable cause, the employee may be subject to the Employee Counselling and Discipline Process and the fees payable for the examination may be charged against the employee and deducted from salary.
(a) Where sufficient cause is shown, up to 3 days leave without deduction from recreation leave credits may be granted to an employee in any 12 months.
(b) Where an employee is not eligible for the grant of such leave and is required to attend an interview or medical examination in connection with enlistment in the Citizen Naval Forces, the Citizen Military Forces, the Citizen Air Force or the RAAF Active Reserve, the employee may be granted leave to do so. (c) Where an employee is unable to attend for duty due to a state of emergency or other extraordinary circumstances, the employee may be granted leave for whatever period is considered necessary, without deduction from recreation leave or without affecting the employee's entitlement under clause 11 (a). CLAUSE 12 - ASSISTANCE WITH STUDIES Study Leave
(a) Eligibility for Study Leave
(b) Study Leave Credit A study leave credit accrues to an employee undergoing an approved course of study as an external student at a university or other approved institution at a rate of 5 hours per week (ie. the total amount of study leave available) per academic year less the actual amount of leave used for study and travel. Study leave credits are not transferable from the end of one academic year to the next. (c) Grant of Additional Leave Any further study leave which may be granted to an employee shall be without pay or on condition that the employee makes up the time involved outside normal hours of duty or from recreation leave entitlements. (d) Leave for Residential Requirements An employee undergoing an approved course of study as an external student at a university or other approved institution, may, if prior attendance as a residential student is a prerequisite for examination in a subject in that course, be granted leave with pay for up to one week in respect of each subject. If the required residential period exceeds one week, an employee may be granted leave of absence with pay for a period not exceeding the employee's study leave credit, to a maximum of 5 further days in respect of each subject. (e) Grant of Additional Leave for Residential Purposes Any further leave which may be granted to an employee for residential purposes shall be without pay or on condition that the employee makes up the time involved outside normal hours of duty or from recreation leave entitlements. Examination Leave
(f) Leave with pay up to 5 days in any academic year may be granted to an employee to enable attendance at, or sitting of:
(g) An additional period of examination leave may be granted to an employee if deemed necessary. Such leave may be granted:
Short Courses of Instruction (h) A short course is one which does not result in the award of a formal qualification. Short courses include workshops, seminars, residential courses and other training courses which can be up to one semester or 200 hours in duration. Courses of longer duration should be considered under the criteria for "part time" studies assistance. (i) Conditions applying to short courses include: Reimbursement of Fees (j) An employee who has enrolled for an approved course of study or for an approved short course of instruction may apply to be approved as a student who is entitled to reimbursement of approved fees. (k) An employee whose application in respect of a course of study or a short course of instruction has been approved, is entitled to reimbursement if:
(i) a certificate is furnished from the registrar, secretary or other appropriate official of the institution or body in question to the effect that the employee has satisfied all the requirements for the period prescribed for the successful completion of the course;
(l) Where an approved student who is entitled to reimbursement of fees furnishes a certificate to the effect that examinations in some but not all subjects have been passed, reimbursement of fees paid will be in the same proportion as the number of subjects passed. (If four examinations were attempted and three were passed 75% of the fees paid will be reimbursed). (m) Where an approved student who is entitled to reimbursement of fees is directed to undertake duties which will preclude the student from continuing a course, the student is entitled to reimbursement of the fees paid. (n) Where an approved student who is entitled to reimbursement of fees dies or retires on invalidity grounds before the completion of the final examinations in the academic year or the completion of the course, reimbursement of the fees shall be made to either the student or the student's next of kin. Deferment of Reimbursement (o) Where an approved student is on probation, reimbursement of fees shall not be made until the appointment is confirmed. If a probationary appointment is terminated on health grounds, the student shall be entitled to the fees reimbursement. Scholarship Holders (p) An employee whose fees have been paid by either the Corporation or under the terms of an external award or scholarship is not eligible for reimbursement of those fees. CLAUSE 13 - SALARIES EMPLOYEES NOT COVERED BY AWARD Employees occupying classifications outlined in Column 1 of Schedule 1 shall be paid within the salary range shown in Column 2 of the Schedule. CLAUSE 14 FUNCTIONAL/QUALIFICATION ALLOWANCES Linguistic Availability/Performance Allowance (a) Employees who are required to perform interpreting and/or translating duties in community languages other than English may be paid a linguistic availability/performance allowance at the rate specified at Item A, Schedule 2. Apprentices Proficiency Allowances
(b) (i) Apprentices who obtain a pass in every subject at an examination held at the end of a year of the course of training shall be paid an allowance at the rate specified at Item B, Schedule 2 in respect of the 12 month period commencing at the beginning of the first pay period in January of the following year.
CLAUSE 15 EXPENSES/COST OF LIVING ALLOWANCES Hosiery Reimbursement Subsidy (a) An employee who is required to wear an Australia Post uniform shall be reimbursed up to the amount specified at Item A, Schedule 3 for expenditure for the purchase of hosiery. Tropical and Temperate Clothing Allowance (b) Employees who are required to visit a locality which has a climate significantly different to that at the usual station may be reimbursed reasonable expenditure on clothing necessarily purchased for the trip. (c) Reimbursement of these costs will be subject to the limit specified at Item B, Schedule 3 in any three year period provided that employees in tropical localities required to visit temperate localities may be allowed the further amount specified at Item B, Schedule 3, during this period if it is necessary to purchase a suit or equivalent clothing. Isolated Establishment Allowance (d) Employees at an approved isolated establishment to which no public transport is available at all or is available in a restri.cted form only and the employees are required to use a private vehicle for transport to and from the isolated establishment may be paid an isolated establishment allowance. Air Conditioning Subsidy (e) An employee who is stationed in a prescribed locality and who occupies a residence in which air conditioning equipment is installed may be paid a subsidy to defray the cost of operating the equipment. Loss or Damage to Clothing/Personal Effects (f) Where loss of or damage to clothing or personal effects of an employee:
(i) occurs while protecting or endeavouring to protect Corporation property from loss or damage;
(g) No payment shall be made to the employee:
(h) If, after compensation has been paid, an employee recovers damages from another source, an equivalent sum, up to the amount already paid in compensation, is recoverable from the employee as a debt due to the Corporation. Footwear Subsidy (i) Outdoor uniformed employees may be reimbursed for the purchase of footwear once every six months. (j) Indoor uniformed staff may be reimbursed for the purchase of footwear once every 12 months. (k) Reimbursement of the costs involved shall on each occasion be limited to the amount specified at Item C, Schedule 3. Headquarters Relocation Allowance (1) An employee whose headquarters is transferred to a new location because of a change in the organisation or operations of Australia Post may be paid an allowance equal to the amount of excess fares paid or reasonable expenses incurred in a fortnight for transport to and from the new location:
Provided that unless otherwise approved by Australia Post:
(1) who occupies a position of Administrative Officer A6 or Postal Manager Level 3; or (2) whose headquarters is transferred to another State or Territory. CLAUSE 16 - TRANSFER AND REMOVAL COSTS Eligibility for Payment of Removal Costs
(a) Employees who are transferred from one locality to another are eligible for payment of reasonable removal costs in respect of transfers:
(b) Reasonable removal costs shall cover:
(c) Employees who elect to dispose of their furniture and effects instead of removal to the new location may be paid for any proven loss sustained in the disposal up to the costs that would have been involved in removal. (d) Employees may be reimbursed the cost of replacement insurance cover associated with the removal up to the maximum inventory value limit specified in Item A, Schedule 4. (e) Employees who are entitled to removal costs under sub clause (a) shall be paid a disturbance allowance as specified at Item B, Schedule 4. (f) Employees who are entitled to removal costs under sub clause (a) may be reimbursed reasonable expenses to assist with the cost of freight and hire of pet packs to the amount not exceeding the amount specified at Item C, Schedule 4. Removal Expenses on Retirement (g) Approval may be given for payment of reasonable removal costs for employees who move to another location on retirement.
(h) The approving employee shall have regard to:
(i) Payment of these costs may also be made on the death of an employee to the dependants of the employee. Removal Costs on Appointment (j) A person appointed to Australia Post, who is required to take up duty on appointment at a location other than where the employee resides, may be entitled to the payment of reasonable costs of conveyance and of the removal of furniture and household effects. Payment may also cover the costs incurred by any dependants. Temporary Accommodation Allowance (k) Where, due to the lack of suitable permanent or long term accommodation, an employee resides in temporary accommodation at a locality to which the employee has moved at Australia Post's expense on appointment, transfer or promotion, the employee may be paid an allowance in accordance with the conditions outlined in the Human Resources Manual. Education Costs Allowance (1) An employee transferred at Australia Post's expense may be paid a boarding allowance in respect of the secondary school education of a child of the employee in accordance with the terms and conditions outlined in the Human Resources Manual. Reimhursement of Costs on Sale/Purchase of Home (m) An employee transferred at Australia Post's expense under sub clause (a) from one locality to another in the course of employment with Australia Post and who as a result has to move place of residence, may be reimbursed legal and other costs and agent's commission incurred as a result of the sale of the dwelling at the former location and the purchase of a dwelling house at the new location under the terms and conditions outlined in the Human Resources Manual. CLAUSE 17 TRAVELLING ALLOWANCE Payment of Allowance
(a) Where an employee is required to be absent overnight from the employee's head station either:
the employee shall be entitled to be paid travelling allowance at the relevant rate shown in Schedule 5. (b) The daily rates payable to an employee during the first 21 days residence at any one temporary station shall be those specified at Item A (a) in Schedule 5.
(c) The provisions applicable to:
Allowance for Part-Day Absences
(d) Where an employee is required to perform duty at another location away from the employee's head station or temporary head station, when the absence does not extend overnight, an allowance at the relevant rate shown in Schedule 5, Item B is payable to meet the additional expenses incurred other than for travel. Payment of the allowance is subject to the following conditions:
(iv) no other cost reimbursement allowance is payable in respect of the absence (eg overtime meal allowance).
(e) (i) The allowance payable under sub clause (d) does not apply to an employee who is entitled to Travelling Allowance or some components of Travelling Allowance or to an employee who is provided with meals during the absence. Nor is the allowance payable to an employee who performs duties, an inherent feature of which is the requirement to be absent from their head station or temporary head station.
Allowance for Illness (f) Where an employee in receipt of travelling or relieving allowance is forced to take sick leave, and where it is not possible or expedient to return home, an allowance to cover the proved medical costs may be paid. This allowance shall not exceed the amount of travelling or relieving allowance which would have been paid had the employee been on duty for the period concerned. Permanent Transfer (g) An employee who is instructed to proceed to a station in anticipation of permanent transfer, and who has been notified in writing that the transfer is to be made permanent, is not eligible to receive travelling or relieving allowance at the new station. Relative Visiting Critically Ill Employee (h) A close relative who travels to visit an employee who has become critically or dangerously ill while absent from the employee's head station on duty, shall be reimbursed reasonable return travel costs from home in connection with the visit or, if travelling from elsewhere, reasonable travel costs, not to exceed the costs which would have been incurred in travelling from home. Where the travel is undertaken from a place other than the head station of the employee, the amount to be reimbursed shall not exceed the reasonable return travel cost from that other place. (i) Reimbursement of travel costs shall be subject to medical certification that the employee was critically or dangerously ill at the time in question. (j) Reimbursement of travel costs shall be approved in the case of one close relative only. Where two or more close relatives would be entitled to be reimbursed in respect of their fares, regard will be had to any wishes expressed by the employee and to the employee's domestic situation in determining which relative should have fares reimbursed. (k) Where the relative entitled to have fares reimbursed is accompanied by a child of whom the relative has the care and control, reimbursement of the child's fares shall also be approved. CLAUSE 18 REMOTE LOCALITY CONDITIONS District Allowance (a) The classifications of districts for the purposes of remote locality conditions of service shall be those detailed at Schedule 6. (b) An employee living and working at localities classified under sub clause (a) shall be paid a district allowance specified at Item A, Schedule 6. (c) District allowance shall not be payable in addition to travelling or relieving allowance to an employee while temporarily stationed in a locality which normally attracts a district allowance. In special circumstances, however, the prescribed travelling or relieving allowance may be increased. Broken Hill Allowance (d) An employee stationed at Broken Hill, New South Wales, is entitled to the appropriate allowance specified at Item B, Schedule 6. Snowy Mountains Allowance (e) An employee stationed at a locality listed in Item C, Schedule 6 shall be paid Locality Allowance at the relevant rate outlined in that Schedule. (f) Eligible dependant means a dependant who resides with the employee and whose income is less than the maximum income allowed by the Australian Taxation Office for payment of a dependant rebate. Fares to and from Isolated Districts (g) Where an employee in a prescribed isolated district, or spouse or other eligible dependant residing with the employee, travels away from that district during leave of absence, the cost of fares reasonably incurred may be reimbursed. School Children in Isolated Districts
(h) Where the dependant child of an employee stationed permanently in a prescribed isolated district is attending a primary or secondary school away from that district, reimbursement may be made for cost of fares reasonably incurred in respect of:
(i) The amount payable under paragraph (ii) above shall not exceed that payable under paragraph (i). Medical/Dental Treatment
(j) Where the lack of a qualified medical or dental practitioner in a prescribed isolated district necessitates treatment elsewhere, reimbursement may be made in respect of reasonable costs incurred by an employee or dependants for:
Emergency/Compassionate Fares
(k) Where an employee is permanently stationed in a prescribed isolated district, reimbursement may be made for fares reasonably incurred by the employee or by the employee's spouse for travel from the district to a city or town to:
CLAUSE 19 PRIVATE MOTOR VEHICLE ALLOWANCE (a) An employee may be authorised to use the employee's motor vehicle for official purposes, if it is in the interests of Australia Post. (b) An employee authorised to use the employee's motor vehicle for official purposes shall be paid an allowance per kilometre for its use, at the appropriate rate specified at Item A, Schedule 7. (c) An employee who can establish that the prescribed allowance is insufficient to meet the amount of expenses reasonably incurred in using the employee's motor vehicle for official purposes, may be granted an additional allowance equal to the amount by which the expenses exceed the normal allowance. (d) An employee authorised to use the employee's motor vehicle for official purposes and is required to pay increased registration or insurance fees, shall be reimbursed the amount of any excess involved.
(e) An employee shall be paid the additional allowance specified at Item B, Schedule 7 when the employee:
(f) Where the amount of allowance which would be paid to an employee for the use of a motor vehicle for a specified journey exceeds the amount which would have been payable by Australia Post had the motor vehicle not been used, the amount to be paid shall be reduced by the amount of the excess. (g) Payment of a motor vehicle allowance shall not be deemed to be hire, reward or other consideration within the meaning of any State law relating to vehicles, transport or traffic. An employee shall not be required to obtain any licence or permission or to pay any fee or tax under a State law as a result of being paid a motor vehicle allowance. (a) Australia Post may require staff to attend for ordinary duty on a public holiday and any additional holiday authorised by Australia Post under clause 20(c). (b) An employee who is ineligible for public holiday penalties and who is required to work on a holiday or to commence work on a holiday and travel to a place where the holiday is not observed may be granted a day off duty with pay at a later date. (c) In addition to holidays provided under Clause 31.1 and 31.2 of the Australia Post General Conditions of Employment Award 1999 (award), Australia Post may authorise additional holidays provided that the total additional holidays provided under this determination and Clause 31.3.2 of the award shall not exceed 2 days in any period of 12 months commencing on 5 January. (a) Terms and conditions may be fixed in respect of an employee, or of a class of employees, performing duties overseas or proceeding to or from the performance of duties overseas. (b) Such terms and conditions may include the payment of allowances to, and the provision of residential accommodation for, the employee and persons deemed to be a dependant of the employee. CLAUSE 22 APPLICATION OF AWARDS (a) An employee who is not a member of a union and who occupies a classification which is covered by an award whose application is restricted to members of the relevant union, shall be accorded the salary and terms and conditions of service specified in the relevant award. (b) An employee occupying a position which is not covered by an award of the Australian Industrial Relations Commission to which Australia Post is respondent and who is not subject to a specific individual employment contract shall be accorded, unless otherwise determined, the conditions of service provided in the Australia Post General Conditions Award 1995. (a) Where an employee sustains physical injury while on duty, and Australia Post has ascertained that the injury was attributable to the act or omission of some person employed by Australia Post other than the person injured or to the act or omission of a person not employed by Australia Post but who is performing similar duties to the employee as part of a team and where those duties are at least in part on behalf of Australia Post or the Australian Government or was the result of a defect in Australia Post material or appliances or where physical injury has been sustained in protecting Australia Post or Australian Government property from loss or damage, the employee shall be granted leave of absence on full pay for the duration of the absence necessitated by the injury up to a period of 4 months. If at the expiry of 4 months it is shown to the satisfaction of Australia Post that the injured person is unable to resume duty, the case shall be reported to Australia Post for decision as to whether further leave of absence may be granted and, if granted, on what terms. Where leave is granted in accordance with the provisions of this sub clause, such leave shall not be deducted from sick leave at credit of the employee at the time. Where physical injury has been sustained under circumstances falling within the terms of this sub clause, Australia Post shall pay the reasonable transport, medical and hospital expenses bona fide incurred in consequence of the injury. (b) Where an employee sustains physical injury while on duty under circumstances that do not bring the case within the terms of sub clause (a) and it is not proved to the satisfaction of Australia Post that the injury is attributable to the employee's serious and wilful misconduct, the employee shall be granted leave of absence on half pay for the duration of the absence necessitated by the injury up to a period of 3 months, and such leave shall not be deducted from sick leave credit of the injured person. If, at the expiry of 3 months, it is shown to the satisfaction of Australia Post that the injured person is unable to resume duty, the case shall be reported to Australia Post for decision as to whether further leave of absence may be granted, and, if granted, on what terms. Where the case of an employee falls within the terms of this sub clause and the employee has a credit of sick leave, such credit shall be used to bring the employee's pay up to the full rate and the employee's leave credit shall be reduced proportionately. Where the injury to the employee is sustained under circumstances that bring the employee's case within this sub clause, Australia Post shall pay the cost of the medical first aid rendered to the injured person when the services of the person rendering such aid have been obtained on the authority of a responsible employee, and of the transport of the injured employee to home or to a hospital.
(c) (i) Where personal injury by accident is caused to an employee while travelling to or from work, or while attending any trade, technical or other training school which is required by the terms of employment by Australia Post or attendance is expected by Australia Post, the employee shall be eligible for leave of absence in accordance with the provisions of this clause as if the accident were an accident on duty.
(d) Where an employee sustains physical injury under circumstances the nature of which is such that Australia Post regards the action of the employee as so meritorious in the public interest as to warrant special consideration, the employee shall be granted leave of absence under the conditions set out in sub clause (a). (e) Nothing in this clause shall take away or reduce the rights of employees under the Commonwealth Employees Rehabilitation and Compensation Act 1988, as may be amended from time to time, but no employee shall be entitled to receive benefits under this clause and under that Act at the same time. (f) Notwithstanding anything contained elsewhere in this clause where an employee has been injured necessitating leave of absence from duty, and Australia Post is reimbursed the salary of the injured employee by the party responsible for the injury or the representative of such party to the extent of absence from duty covered by the amount of reimbursement, no deduction shall be made from the sick leave credits of the employee concerned. CLAUSE 24 - QUALIFYING PERIOD FOR 30% SHIFT PENALTY An employee, who is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift falling wholly within the hours of 6pm and 8am, shall be paid with respect to that shift an additional 30% of salary for that shift. Provided that the parties at the State level can agree on arrangements for varying the 4 week qualifying period for the 30% shift penalty for either specific facilities or segments of the business. CLAUSE 25 - METHOD OF PAYMENT OF SALARIES (a) The facility of cash payment of fortnightly salary payments will not be available to any employee employed in South Australia/Northern Territory from the date of commencement of this determination and in other State administrations and Headquarters from a date not earlier than the date of commencement of this determination. (b) Following the withdrawal of cash payment facilities, fortnightly salary payments will be made by direct credit arrangements or by cheque to the employee's postal address. The clauses in this section (clauses 26-29) are subject to the conditions set out in the memorandum of agreement between Australia Post and the CEPU/CPSU concerning the translation of specified award clauses to a separate section of the Principal Determination. These clauses were prescribed in the Australia Post awards prior to the award simplification exercise and were removed from the awards along with a number of other clauses as part of that exercise. The memorandum of agreement requires that the specified former award clauses be translated in their pre-award simplification format in the Principal Determination. (a) Trafficking in shift exchanges is prohibited. Any employee who demands or accepts, by demand or arrangement, money or any other form of benefit in kind for arranging exchanges of shifts, duties or days off will be instantly dismissed. (b) Any supervisor or manager who knowingly condones any of the prohibited exchange activities outlined in subclause (a) will also be dismissed. (c) Any disagreement as to the interpretation of terms or the implementation of the processes outlined in this clause will be settled by referral to a Board of Reference. (d) Review of dismissal action referred to in sub-clauses (a) and (b) will be undertaken by the Australian Industrial Relations Commission (the Commission) on the application of the union. The decision of the Commission in such matters will be final and binding. (a) An employee who sustains physical injury while on duty or whilst travelling to or from work will be paid in accordance with the conditions prescribed in the Principal Determination. (b) Where an employee sustains physical injury under such circumstances whereby Australia Post regards the action of the employee as so meritorious in the public interest as to warrant special consideration, such employee shall be granted leave of absence under the conditions prescribed in the Principal Determination. (c) Nothing in this clause shall take away or reduce the rights of employees under the Safety Rehabilitation and Compensation Act 1988, as may be amended from time to time, but no employee shall be entitled to receive benefits under this clause and under the Act at the same time. An employee who establishes an entitlement to transfer expenses under this clause may be reimbursed prescribed legal and other costs associated with the sale of the employee's principal private residence at the former location and the purchase of a residence at the new location provided the conditions prescribed in the Principal Determination are satisfied. An employee who lives and works in a prescribed remote locality shall be paid a District Allowance in accordance with the Principal Determination. END OF CEASED AWARD CLAUSES SECTION
SCHEDULE 1 - SALARIES STAFF NOT COVERED BY AN AWARD (Clause 13)
Column 1 Column 2 Classification $ PA Legal Officer 37746, 38794, 39842, 40894, 43240, 48153, 50615, 53055, 55511, 57968, 60427 Legal Officer shall be subject to the same salary advancement/salary barrier conditions as those applying to Legal Officers employed in the Australian Public Service. Occupational Health Nurse 51376, 52600, 53822, 55045 Senior Occupational Health Nurse 57342, 58713 Ergonomist Class 1 58923, 60973, 63016, 65070 Mail Room Team Leader 34080, 35263, 36444, 37626, 38804 Mail Room Network Supervisor 49156, 51328, 53500, 55673 SCHEDULE 2 - FUNCTIONAL/QUALIFICATION ALLOWANCES (Clause 14) Item A Linguistic Availability/Performance Allowance - Clause 14 (a) $749 pa Item B Proficiency Allowance Apprentices Clause 14(b) $90 pa SCHEDULE 3 - EXPENSE/COST OF LIVING ALLOWANCES (Clause 15) Item A Hosiery Reimbursement Subsidy Clause 15 (a) $280 pa
Item B Tropical and Temperate clothing Allowance Clause 15 (b), (c)
Item C Footwear Subsidy Clause 15 (i) (k)
(From 01 January 2005 the Footwear Subsidy for retail employees who are eligible for and wear the corporate uniform was increased to $76.00 per annum in lieu of Item C above under Clause 8.2 of EBA 6) SCHEDULE 4 - TRANSFER AND REMOVAL COSTS (Clause 16) Rates from 29 December 2005 Item A Limit on Cost of Insurance Cover Clause 16 (d) $53,000
Item B Disturbance Allowances Clause 16 (e)
Item C Removal of Pets Clause 16 (f) $168 SCHEDULE 5 - TRAVELLING ALLOWANCE (CLAUSE 17) NOTE: RATES EFFECTIVE FROM 1 JULY 2005 DAILY RATES OF TRAVELLING ALLOWANCE ITEM A (a) Column 1 Non-Contract Below Executive 1. Capital City Rates Sydney 231.00 Melbourne 218.00 Brisbane 205.00 Canberra 192.00 Adelaide 198.00 Darwin 190.00 Hobart 182.00 Perth 200.00 2. High Cost Country Centres Alice Springs (NT) 182.00 Ballarat (VIC) 188.00 Broome (WA) 220.00 Burnie (TAS) 183.00 Carnarvon (WA) 186.00 Christmas Island (WA) 211.00 Dampier (WA) 189.00 Devonport (TAS) 190.00 Exmouth (WA) 186.00 Gold Coast (Qld) 197.00 Halls Creek(WA) 194.50 Horn Island (Qld) 200.00 Jabiru (NT) 296.00 Kalgoorlie (WA) 186.00 Karratha (WA) 243.00 Kununurra (WA) 210.00 Launceston (TAS) 186.00 Maitland 183.00 Newcastle (NSW) 195.00 Newman (WA) 208.00 Norfolk Island 191.00 Port Hedland (WA) 208.00 Queenstown (TAS) 186.50 Thursday Island (Qld) 231.00 Weipa (QLD) 216.00 Wilpena(SA) 194.00 Wollongong (NSW) 191.00 Yulara 373.00 3. Tier 2 Country Centres 170.00 Ararat (VIC) Bathurst (NSW) Bendigo (VIC) Bordertown (SA) Broken Hill (NSW) Bunbury (WA) Cairns (QLD) Castlemaine (VIC) Cocos (Keeling Island) Geelong (VIC) Mount Gambier (SA) Mt Isa (QLD) Northam(WA) Orange (NSW) Port Lincoln (SA) Portland (VIC) Wagga Wagga (NSW) Warrnambool (VIC) 4. Other Country Centres 158.00(b) The maximum amount which may be reimbursed for daily incidental expenditure: (i) Non-Contract Below Executive - $14.55 (c) The maximum amounts which may be reimbursed for meals purchased separately at a commercial establishment away from the place of accommodation shall be: Capital City & Tier 2 Country Centres High Cost & Other Country Centres Country Centres Non- Contract Non-Contract Below Executive Below Executive $ $ Breakfast 18.90 16.85 Lunch 21.15 19.30 Dinner 36.40 33.30PART DAY ABSENCE-CLAUSE 17(d) - ITEM B Non-contract Below Executive- $40.00 TRAVELLING ALLOWANCE ON REVIEW - ITEM C Weekly incidental rate- $50.90 per week The maximum amount which may be reimbursed (in respect of the occupancy of furnished accommodation) for meals purchased separately at a commercial establishment away from the place of accommodation and for food purchased for the preparation of meals - $299.70 per week SCHEDULE 6 REMOTE LOCALITY CONDITIONS (CLAUSE 18) Item A District Allowance Clause 18 (a) - Rates effective from 30 June 2005 Grade With Dependants Without Dependants $pa $pa A 1510 760 B 3650 1990 C 4940 2800 D 7260 4490The maximum income a dependant may earn for payment of the "With Dependant" rate of District Allowance shall be $18682 per annum. Item B Broken Hill Allowance Clause 18 (d) $pw (a) An employee at least 21 years old or 12.40 who has someone wholly or partially dependent on the employee. (b) In any other case. 6.20 Item C Snowy Mountains Locality Allowance Clause 18 (e) Locality With Eligible Without Dependants Dependants $pw $pw Jindabyne 42.15 32.90 SCHEDULE 7 - PRIVATE MOTOR VEHICLE ALLOWANCE (CLAUSE 19) Rates from 29 December 2005 Item A Motor Vehicle Allowance Clause 19 (b) An employee shall be paid an allowance according to the type and engine capacity of the vehicle: Column 1 Column 2 Column 3 Engine Capacity Engine capacity Rate of Allowance (non rotary) (rotary) cents per kilometre Above 2600cc Above 1300cc 67.0 1601cc to 2600cc 801cc to 1300cc 66.0 1600cc or less 800cc or less 55.0Item B Additional Allowances Clause 19 (e) 0.76 cents per kilometre |
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