POST LOGISTICS THIRD PARTY WAREHOUSING/FULFILMENT BUSINESS
ENTERPRISE AGREEMENT 2001 - 2004
PART 1 - APPLICATION AND OPERATION OF AGREEMENT
This Agreement is called the Post Logistics Third Party Warehousing/Fulfilment Business Enterprise Agreement 2001 - 2004.
PART 1 - APPLICATION AND OPERATION 1. Agreement title 2. Arrangement 3. Definitions 4. Duration and scope 4.1 Duration 4.2 Agreement not to be used as a precedent 4.3 Australian Workplace Agreements 5. Parties bound and application 5.1 Parties bound 5.2 Application 6. Relationship to other industrial instruments and legislation 7. Anti-discrimination 8. Availability of agreement PART 2 -FLEXIBILITY, CONSULTATION AND DISPUTE RESOLUTION 9. Workplace flexibility 9.1 Facilitative provisions 9.2 Notice boards 10. Consultative mechanism and procedures 11. Dispute settlement 11.1 Principles 11.2 Procedure 11.3 Training PART 3 - CONTRACT OF EMPLOYMENT 12. Categories of employees 12.1 Terms of engagement 12.2 Periods of probation 12.3 Part time employee 12.4 Fixed term employee 12.5 Casual employees 13. Termination of employment 13.1 Notice period 13.2 Review of termination of employment 14. Redundancy 14.1 Discussion before termination 14.2 Transfer to lower paid position 14.3 Severance pay 14.4 Employee leaving during notice period 14.5 Alternative employment 14.6 Time off during notice period 14.7 Exclusions 14.8 Transmission of business PART 4 - HOURS OF WORK, SHIFT WORK AND OVERTIME 15. Hours of work - day workers 16. Shift work 16.1 Definitions 16.2 Ordinary hours 16.3 Shift penalties 16.4 Public holiday shift 16.5 Payment during annual leave 16.6 Payments stand alone 16.7 Exchange of shifts 16.8 Interval between shifts 16.9 Day off in lieu of public holidays 16.10 Roster changes 17. Time off 18. Meal and tea break 18.1 Meal break 18.2 Tea break 19. Overtime 19.1 Requirement to work overtime 19.2 Definition 19.3 Rate of pay - day workers 19.4 Rate of pay - shift workers 19.5 Part time employees 19.6 Rest period after overtime 19.7 Time off in lieu of overtime PART 5 - SALARY AND ALLOWANCES 20. Job classifications and salaries 20.1 Job classifications and salaries 20.2 Junior rates 21. Employee duties 22. Payment of salaries 23. National training wage 24. Allowances 24.1 First aid allowance 24.2 Mixed functions 24.3 Overtime meal allowance 24.4 Private motor vehicle allowance PART 6 -TYPES OF LEAVE AND PUBLIC HOLIDAYS 25. Annual leave 25.1 Entitlement 25.2 Timing of annual leave 25.3 Annual leave exclusive of public holidays 25.4 Payment on termination 26. Annual leave - seven day shift workers 26.1 Additional annual leave 26.2 Pro rata entitlement 27. Annual leave loading 27.1 Amount 27.2 Payment on termination 28. Leave as directed 29. Public Holidays 29.1 Designated holidays 29.2 Substitute holidays 29.3 Payment for work on substituted day 29.4 Local holidays 29.5 Substitution of public holidays by agreement 29.6 Public holiday duty 30. Personal leave 30.1 Eligibility 30.2 Entitlement 30.3 Accrual 30.4 Leave for personal injury or illness 30.5 Carer's leave 30.6 Bereavement leave 31. Parental leave 31.1 Provisions 31.2 Definitions 31.3 Re-engagement of casual employees. 31.4 Maternity leave 31.5 Paternity leave 31.6 Adoption leave 31.7 Part-time work 32. Leave to attend as witness in industrial proceedings 32.1 Eligibility and entitlement 32.2 Period of service 33. Jury service 33.1 Leave granted 33.2 Jury fees PART 7 - EMPLOYEE DEVELOPMENT 34. Employee learning and development PART 8 - RESERVED MATTERS 35. Reserved matters Schedule A - Job classifications and salary rates Schedule B - First aid allowance Schedule C - Overtime meal allowance
3.1 For the purpose of this agreement:
(a) Commission means the Australian Industrial Relations Commission;
(b) Employer means the Australian Postal Corporation;
(c) Union means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Communications Division).
4.1 Duration
This agreement will apply from (date of certification by the Commission) and will continue in force until 20 February 2004.
4.2 Agreement not to be used as a precedent
The parties undertake not to seek to apply the terms of this agreement to core employment structures within Australia Post.
4.3 Australian Workplace Agreements
(a) The employer may enter into an Australian Workplace Agreement (AWA) with any employee covered by this agreement. However, no employee will be required to enter into an AWA, for his or her existing job, or for a job to which he or she is transferred or promoted, and will have the choice of either accepting or rejecting the AWA.
(b) The AWA may operate to the exclusion of this agreement or prevail over its terms to the extent of any inconsistency.
(c) An employee who is party to an AWA will, on expiry of the AWA, have the choice of accepting or rejecting a subsequent AWA. (If the subsequent AWA is rejected the employee will be subject to award conditions.)
5. PARTIES BOUND AND APPLICATION
5.1 Parties bound - This agreement is binding upon:
(a) the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Communications Division), its officers and members; and
(b) Australian Postal Corporation.
5.2 Application
This agreement applies to all employees who will be employed in classifications covered by this agreement and who will be employed at work sites conducted by the employer's Post Logistics Division, which sites are exclusively engaged in third party warehousing/fulfilment operations. However, it does not apply to such employees who have entered into an Australian Workplace Agreement.
6. RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS AND LEGISLATION
6.1 Subject to clause 5.2, this agreement:
(a) is a comprehensive agreement and replaces all other awards, the Principal Determination, orders of the Commission or industrial agreements that would otherwise apply to the employer. However, it does not override Commonwealth (and/or relevant State) laws relating to Long Service Leave, Maternity Leave, Occupational Health and Safety, Workers Compensation and Superannuation; and
(b) overrides the operation of the Post Logistics Third Party Warehousing/Fulfilment Business Award 2001 to the extent of any inconsistency.
7.1 Both the employer and the union:
(a) respect and value the diversity of the workforce;
(b) will, in accordance with the relevant anti-discrimination legislation and the employer's Harassment Policy, help to prevent and eliminate discrimination within the workplace based on a person's disability, sex, race, colour, national or ethnic origin, pregnancy, breastfeeding, age, trade or profession, physical features, marital status, social origin, parental/family status, sexuality/sexual orientation (ie sexual preference), irrelevant medical or criminal record, caring responsibility, union/employer association activity, religion, political belief or personal association; and
(c) will endeavour to ensure that neither the agreement provisions nor their operation are directly or indirectly discriminatory in their effect.
8.1 The employer will provide all employees covered by this agreement with a copy of this agreement and any variations to it. It will also place an up to date copy of the employer's Human Resources Policy manual applicable to the employee's covered by this agreement in a prominent place where it is easily accessible to employees.
PART 2 - FLEXIBILITY, CONSULTATION AND DISPUTE RESOLUTION
9.1 Facilitative provisions
(a) A facilitative provision provides for a standard approach in the agreement to be departed from by agreement between the employer and either an individual employee or the majority of employees in the workplace.
(b) Facilitative provisions are contained in the following clauses of this agreement:
Subject Matter Clause Part-time employees 12.3 (b) Casual employees 12.5 (a) (ii) Span of ordinary hours 15.1 (c) Public holiday shift 16.4 Roster changes 16.10 Time off 17 Meal break 18.1 Substitution of public holidays 29.5 Part-time work agreement 31.4.3
(c) Facilitative provisions are not to be used as a device to avoid award obligations, nor should they result in unfairness to an employee or employees covered by this agreement. Employees are not to be coerced to reach agreement on facilitative provisions.
(d) The agreement reached with either an individual employee or the majority of employees in the workplace or part of it must be recorded in the time and wages records kept by the employer in accordance with Division I of Part 9A of the Workplace Relations Regulations.
(e) In the case of facilitation by individual agreement, an employee may be accompanied by a person of his or her choice when conferring with the employer about the proposed implementation of the facilitative provisions. That person may be a union representative and must be given a reasonable opportunity to participate in the negotiations.
(f) In the case of facilitation by majority agreement involving one or more of its members, the union will be informed of the intention to use the facilitative provision and must be given the opportunity to participate in the negotiations.
(g) Union involvement does not mean the union's consent is required prior to the introduction of agreed facilitative arrangements.
(h) Where relevant circumstances change, any party to the agreement can review the arrangements established under these facilitative provisions, and can, subject to an appropriate period of notice, withdraw agreement.
(i) In the event that a dispute or concern arises over the implementation or continued operation of a facilitative provision, the matter will be handled in accordance with clause 11 - Dispute settlement.
9.2 Notice boards
The employer will permit the use of notice boards at the workplace to facilitate work related communication between employees and employee representatives including the union. The employer retains the right to reject and remove the posting of any material that might reasonably be considered offensive or is not in relation to this agreement.
10. CONSULTATIVE MECHANISM AND PROCEDURES
(a) At each site covered by this agreement, the employer, its employees and employee representatives, including the union, will establish a mechanism and procedures which enable them to communicate and consult about matters arising out of this agreement and any major initiatives that are likely to have significant effects on employees, which they agree would assist in achieving and maintaining cooperative workplace relations and mutually beneficial work practices.
(b) The employer and the union agree to develop specific arrangements and protocols for the conduct of union affairs that foster constructive and positive relationships, do not adversely impact on the employer's operations and respect the rights of employees.
11.1 Principles
(a) The employer, its employees and the union, recognise that there exists a mutual responsibility to work cooperatively to resolve disagreements over matters as far as is practicable at the workplace level. Accordingly, the parties commit themselves to:
(i) promptly addressing disagreements within the procedures set out below;
(ii) discussing those disagreements in an open and honest way;
(iii) seeking to resolve those disagreements wherever possible without recourse to third parties; and
(iv) respecting the rights of an employee to be accompanied by a person of his or her choice, including a union representative, throughout the process.
11.2 Procedure
(a) It is agreed that where disagreements arise, the following procedure will apply:
(i) the employee will discuss the matter with his or her immediate manager/supervisor. However, in circumstances where the matter may relate: to the behaviour or actions of the immediate manager/supervisor and it would be inappropriate to discuss the matter at that level, the employee may discuss the matter with the next highest level of management;
(ii) if the matter is not resolved at that level within a reasonable timeframe, the employee concerned may arrange further discussions involving more senior levels of management or the union as appropriate;
(iii) if the issue involves more than one employee, the employees involved, -the union or management may raise the issue to the level the parties consider appropriate;
(iv) if the matter remains unresolved after points (i) to (iii) above have been followed, it may be notified to the Commission. The Commission may take action consistent with its powers under the Act to deal with the matter;
(v) while the parties are attempting to resolve the matter, the employee will continue to work in accordance with this agreement and his or her contract of employment, unless the employee has a reasonable concern about an immediate threat to his or her health or safety in so doing. In such circumstances and subject to Part 3, Division 3 - Emergency Procedures of the Occupational Health and Safety (Commonwealth Employment) Act 1991, the employee must not unreasonably fail to comply with a direction by the employer to perform other available work that is appropriate for the employee to perform.
11.3 Training
(a) To assist in dispute resolution, a union delegate or employee representative who has had at least 6 months continuous service with the employer, will be granted leave of absence, at ordinary rates of pay, to attend short courses conducted by a recognized training provider which are specifically directed towards effective dispute resolution.
(b) The specific training courses will be agreed between the employer and the individual employee.
(c) The grant of leave will be subject to the operational requirements of the employer. Such leave will be granted up to a maximum of 5 days per calendar year and will not accumulate.
(d) An employee granted leave who fails to attend the nominated course, will notify the employer as a soon as practicable. No payment will be made to any employee until satisfactory proof of attendance at the nominated course is produced.
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