POST LOGISTICS THIRD PARTY WAREHOUSING/FULFILMENT BUSINESS
ENTERPRISE AGREEMENT 2001 - 2004
PART 3 - CONTRACT OF EMPLOYMENT
12.1 Terms of engagement
(a) A person may be employed as a permanent, fixed term or casual employee.
(b) A person engaged as a permanent or fixed term employee can be employed on a full-time or part-time basis.
(c) At the time of engagement, the employer will inform each employee in writing of-
(i) the type of the employee's employment; and
(ii) the terms and conditions of the employee's engagement.
12.2 Period of probation
Unless an employee's employment is terminated pursuant to clause 13.1(c) or due to unsatisfactory performance, a person engaged as a permanent employee will be on probation for three months. After this period, the employment will either be confirmed or terminated.
12.3 Part time employee
(a) A part time employee:
(i) is an employee who works less than 38 hours per week;
(ii) will be rostered for a minimum of four (4) and a maximum of ten (10) consecutive hours on any day; and
(iii) will not be employed by the employer for more than one engagement per day.
(b) The employer will inform a part-time employee in writing, on engagement, of the hours and times he or she will be required to work. The hours and times of work may be subsequently varied by agreement with the employee, or by the employer providing the employee with I week's notice in the case of an increase in hours, or 2 week's notice in the case of a reduction in hours.
(c) A part time employee is required to be available to work such hours, within the specified span of hours at clause 15 - Hours of work, as are necessary to meet Post Logistics third party business operational needs.
(d) A part time employee will be paid a pro rata salary in accordance with the relevant job classification.
(e) The conditions provided in this agreement will apply to a part-time employee on a pro rata basis unless otherwise specified.
12.4 Fixed term employee
(a) A fixed term employee is a person engaged for an extended fixed period, or to undertake a specific task.
(b) The period of continuous employment as a fixed term employee can be up to one year but can be extended in particular circumstances for further periods provided that the period of further continuous employment does not exceed another twelve months.
(c) Unresolved disputes about the extent of use of fixed term employment beyond twelve months can be referred to the Commission for resolution and the parties will accept Commission's recommendations relating to such disputes.
12.5 Casual employees
(a) A casual employee:
(i) is a person engaged in relieving work or work of an irregular or intermittent nature or of a short term duration but does not include an employee who could properly be classified as permanent or fixed term;
(ii) will not be engaged in a full time or part time capacity on a continuous basis from week to week for more than 12 weeks. However, a further maximum period of up to 12 weeks may be agreed to between the employer and the employee concerned, in which case, the facilitative provisions at clause 9 will apply;
(iii) will be engaged and paid by the hour;
(iv) will be engaged on each occasion and be paid for no less than four hours;
(v) will be paid an hourly rate based on the salary for the job classification in which he or she is engaged, plus a casual loading of 22« %, which loading is in lieu of annual leave, personal leave, public holidays and bereavement leave; and
(vi) will not be paid the casual loading when he or she receives overtime payments or works on a public holiday and receives a public holiday penalty. The casual loading will not apply to the calculation of shift penalties, but will be paid when a casual employee is engaged to work on a shift.
(b) The following clauses of this agreement do not apply to casual employees:
Clause Number Subject Matter
13 Termination of employment
14 Redundancy
19 Rest period after overtime
25 Annual leave
29 Public holidays
30 Personal leave
31 Parental leave except in the case of an eligible
casual employee as defined in clause 29.2 of the
Post Logistics Third Party Business Award 2001.
13.1 Notice period
(a) Subject to clause 13.1 (c), where the services of a fixed term employee are terminated before the expiry of the period fixed by the terms of engagement, or the employment of a permanent employee is terminated, the employee must be given the following notice:
Period of continuous service Period of notice 1 year or less 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks
(b) In addition to the notice in clause 13.1 (a) above, employees over 45 years of age at the time of the giving of notice, with not less than 2 years continuous service with the employer, are entitled to an additional weeks notice.
(c) The employer may terminate the services of a permanent or fixed term employee at any time for behaviour or performance that warrants such action, including:
(i) serious misconduct or wilful neglect of duty or grossly negligent conduct;
(ii) incompetence or inefficiency for reasons within the employee's control;
(iii) failure to observe the Code of Ethics.
In such cases there is no entitlement to notice and any entitlements under this agreement are to be paid up to the time of dismissal only.
For the purpose of this clause, grossly negligent conduct involves a reckless act or omission that causes or could cause significant damage or harm.
(d) An employee on probation will be given one week's notice of termination or payment in lieu of notice, except where an employee's employment is terminated for serious misconduct and/or grossly negligent conduct.
(e) The notice of termination required to be given by an employee is the same as that required of the employer in clause 13.1 (a) above, excluding the additional notice based on the age of the employee concerned referred to in clause 13.1 (b).
13.2 Review of termination of employment
An employee may exercise his or her rights pursuant to the Workplace Relations Act 1996, in relation to a termination decision under this agreement. This will be the sole right of review in respect of a termination decision for a breach of the Code of Ethics.
14.1 Discussions before termination
(a) Where the employer has made a definite decision that it no longer requires the essential elements of the job that an employee(s) has been doing to be done by the employee and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer will hold discussions with the employee(s) directly affected and with the union.
(b) The discussions will take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of clause 14. 1 (a) above and will cover, inter alia, reasons for the proposed termination(s), measures to avoid or minimise the termination(s) and measures to mitigate any adverse affects of any termination(s) on the employee(s) concerned.
(c) The employer will, as soon as practicable before the discussions, provide a written advice to the employee(s) concerned and the union of all relevant information about the proposed termination(s), including the reasons for the proposed termination(s), the number of categories of employees likely to be affected, the number of people normally employed and the period over which the termination(s) is likely to be carried out. However, the employer will not be required to disclose confidential information the disclosure of which would be detrimental to the employer's interests.
(d) In the case of an employee with less than I year's continuous service the employer will give such an employee an indication of the impending redundancy at the first reasonable opportunity and take reasonable steps to facilitate the employee obtaining suitable alternative employment.
(e) An employee covered by this agreement whose employment is terminated for the reasons set out in clause 14.1 (a), will during the period of notice specified in clause 13.1:
(i) be notified by the employer's Post Logistic's Division of relevant nominally vacant positions existing within the Australian Postal Corporation; and
(ii) receive preference where the employee is one of two or more applicants found to be equal on the basis of a merit-based selection process. Such preference does not override other operative certified agreements applying elsewhere in Australia Post to permanent staff and the employee's acceptance of an offered position will be on the basis of the salary applying to the advertised position.
14.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties for reasons set out in clause 14. 1 (a) above, the employee will be entitled to the same period of notice of transfer as he or she would have been entitled to if his or her employment had been terminated. The employer may elect to make payment in lieu of notice of an amount equal to the difference between the employee's former ordinary time rate of pay and the new lower ordinary time rate of pay for the number of weeks of notice still owing.
14.3 Severance pay
(a) An employee who is made redundant is entitled to the following severance pay based on the employee's continuous period of service with the employer:
Period of Continuous Service Severance Pay Less than 1 year nil 1 year and up to the completion of 2 years 2.5 weeks 'Pay* 2 years and up to the completion of 3 years 5 weeks' pay 3 years and up to the completion of 4 years 7.5 weeks' pay 4 years and up to the completion of 5 years 10 weeks' pay 5 years and up to the completion of 6 years 12.5 weeks' pay 6 years and over 15 weeks' pay* "Weeks' pay" means the ordinary time rate of pay for the employee concerned.
(b) The severance payments are in addition to the periods of notice specified in clause 13.1.
14.4 Employee leaving during notice period
An employee whose employment is terminated for the reasons set out in clause 14.1 (a) above, may terminate his or her employment during the period of notice. Where this occurs, the employee will be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. However, in such circumstances, the employee will not be entitled to payment in lieu of notice.
14.5 Alternative employment
The employer may, in a particular redundancy case, apply to the Commission to have the severance pay provisions at clause 14.3 above varied, if the employer obtains an offer of acceptable alternative employment for the employee.
14.6 Time off during notice period
(a) During the period of notice of termination, an employee will be allowed up to one day's time off with pay during each week of notice to seek other employment.
(b) Payment for additional leave for this purpose will be subject to the employee producing proof of attendance at an interview. (A statutory declaration will be sufficient for this purpose.)
14.7 Exclusions
This clause does not apply where employment is terminated as a result of serious and wilful misconduct or grossly negligent conduct as defined in clause 13.1 (c) that justifies dismissal without notice. Nor does it apply to probationary employees, casual employees or fixed term employees.
14.8 Transmission of business
Where a business is before or after the date of this award, transmitted from the employer (in this clause called the transmitter) to another employer (in this clause called the transmittee) and an employee who at the time of such transmission was an employee of the transmitter in that business becomes an employee of the transmittee:
(a) the continuity of employment of the employee will be deemed not to have been broken by reason of such transmission; and
(b) the period of employment which the employee has had with the transmitter or any prior transmitter will be deemed to be service of the employee with the transmittee.
(c) In this clause, business includes trade, process, business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.
PART 4 - HOURS OF WORK, SHIFT WORK AND OVERTIME
15. HOURS OF WORK - DAY WORKERS
15.1 The ordinary hours of work of a day worker:
(a) will be 38 hours per week or an average thereof;
(b) may be between six and ten hours on any one day;
(c) will be between the hours of 6.00a.m and 6.00p.m., except that the daily spread of hours may be altered by up to one hour at either end by agreement between the employer and the majority of employees or by agreement between the employer and an individual employee;
(d) may be worked on any day Monday to Saturday inclusive, except that an employee who is rostered to work ordinary hours on Saturday will receive a 50% loading for the time worked; and
(e) no employee will be rostered for ordinary work on more than five days in any seven day period.
16.1 Definition
For the purpose of this clause:
(a) shift worker means an employee who is rostered on:
(i) alternating or rotating shifts or a constant shift involving regular ordinary work after 1.00 p.m. on Saturday; or
(ii) a shift, which commences before 6 am or finishes after 6pm;
(b) seven day shift worker means an employee who is rostered to and works regularly on Sundays and holidays.;
(c) afternoon shift is a shift that finishes after 6.00pm and before or at midnight;
(d) nightshift is a shift that finishes after midnight and before or at 8.00am.
16.2 Ordinary hours
The ordinary hours of work of a shift worker:
(a) will be 38 hours per week or an average thereof over a cycle of shifts; and
(b) may be between six and ten hours on any one day.
16.3 Shift penalties
The following shift penalties apply to a shift worker:
(a) Monday to Friday
A shift that starts before 6.00am 15% Afternoon shift 15% Night shift 15% Night shift worked for more than 4 weeks continuously 30%
(b) Saturday
All rostered time that falls wholly between midnight Friday and midnight Saturday 50%
(c) Sunday All rostered time that falls wholly between midnight Saturday and midnight Sunday 100%
(d) Public Holiday 150%
16.4 Public holiday shift
Where shifts fall partly on a public holiday, the shift which has the major portion falling on a public holiday will be regarded as the holiday shift. Except that, by agreement between the employer and the majority of employees concerned, the shift which has the minor portion falling on a public holiday may be regarded as the holiday shift.
16.5 Payment during annual leave
Shift penalty payments will be made in respect of any work (other than on public holidays) which an employee would have performed had the employee not been on approved annual leave, subject to the conditions specified in clause 27 - Annual leave loading.
16.6 Payments stand alone
The additional payments prescribed by this clause will not be taken into account in the computation of overtime or in the determination of any allowance based upon salary, nor will they be paid with respect to any shift for which any other form of penalty payment is made under this agreement.
16.7 Exchange of shifts
An employee is allowed to exchange duties or shifts or days off, or to perform work for another employee, with the approval of the employee's manager.
16.8 Interval between shifts
Shifts will be arranged so that an employee has a minimum break of 10 hours continuously off work between shifts except in cases of-
(a) emergency certified by the employee's manager and notified to the employees concerned by posting the notification in a prominent place; and/or
(b) regular change over of shifts.
16.9 Day off instead of public holiday
A seven day shift worker who is rostered off work on a public holiday will be granted a day's leave in lieu of that holiday within one month after the holiday, if practicable, or paid one day's pay at ordinary rates.
16.10 Roster changes
An employee will be given a minimum of 7 consecutive days notice of any rostered change, unless the roster change is by agreement between the employer and an individual employee or is necessitated by an emergency or special circumstances for example sick leave, resignations on short notice, dismissals and suspensions.
By agreement between the employer and an employee, an employee may work in excess of ordinary hours to enable time off to be accumulated over a cycle of 4 weeks. The accumulated time off will be taken at a time mutually convenient to the employee and the employer. A maximum of 22 hours 48 minutes may be accumulated. Any hours accumulated in excess of 22 hours 48 minutes will be paid at overtime rates in accordance with clause 19 - Overtime.
18.1 Meal break
An employee who works a minimum of five (5) consecutive hours will receive an unpaid meal break of a minimum of 30 minutes and not more than 60 minutes, except that:
(a) a longer period for the meal break may be arranged by agreement between the employer and an employee or a majority of employees in the workplace concerned; and/or
(b) an employee may work in excess of 5 hours 31 but not more than 6 hours, without a meal break, by agreement between the employer and the employee concerned.
18.2 Tea Break
A single 10 minute paid tea break will be granted to employees, at a time fixed by the employer so as to minimise disruption to operations.
19.1 Requirement to work overtime
The employer may require an employee to work reasonable overtime at overtime rates and the employee will work overtime as required.
19.2 Definition
Overtime is paid for all authorised work outside ordinary hours outlined in clause 15 Hours of work - day workers and clause 16.2 - Ordinary hours, shift worker.
19.3 Rate of pay - day workers
The rate of pay for authorised overtime worked by a day worker will be:
(a) Monday to Saturday - time and a half for the first 3 hours and double time thereafter;
(b) Sunday - double time;
(c) Public Holidays - double time and a half.
19.4 Rate of pay - shift workers
The rate of pay for authorised overtime worked by a shift worker will be:
(a) Monday to Friday - time and a half for the first 3 hours and double time thereafter;
(b) Saturday or Sunday - double time;
(c) Public Holidays - double time and a half.
19.5 Part time employees
(a) Part-time employees are eligible for overtime rates applicable to full-time employees:
(i) for work in excess of 7 hours 36 minutes on any one day; and/or
(ii) where an employee other than a shift worker is required to work on more than 5 days per week.
(b) Work in excess of normal requirements but which does not attract a penalty under clause 19.5(a) will be paid at the rate applicable to ordinary work on that day.
19.6 Rest period after overtime
(a) When overtime work is necessary, it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.
(b) An employee (other than a casual) who, because of working overtime in accordance with this clause, does not have at least 10 consecutive hours off between finishing work and the commencement time of work the next day, will not be required to perform work on the next day until 10 hours have elapsed since the conclusion of work. The employee will not incur any loss of pay for ordinary working time occurring during the absence.
(c) If the employee is required to resume or continue to work without having had a 10 hour break in accordance with clause 19.6(a) above, the employee will be paid at the appropriate overtime rate until such time as a ten-hour break is taken. The employee will not incur any loss of pay for ordinary working time occurring during the absence.
19.7 Time off in lieu of overtime
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
(b) Overtime taken as time off during ordinary time hours will be taken at the ordinary rate, that is, an hour for each hour worked.
PART 5 - SALARY AND ALLOWANCES
20. JOB CLASSIFICATIONS AND SALARIES
20.1 Job classifications and salaries
The job classifications covered by this agreement and the respective salary rates are specified in Schedule A - Job classifications and salary rates.
20.2 Junior rates
An employee who is under 21 years of age and employed in a job classification specified in Schedule A, will be paid an annual salary. The salary, calculated to the nearest dollar, will be set by applying the appropriate percentage for the age of the employee as specified in Table I below, to the minimum total award rate of an adult employed in the same job.
TABLE 1
Age of Employee Percentage of Minimum Adult Salary % Under 17 years 50 At 17 years 60 At 18 years 70 At 19 years 81 At 20 years 91
(a) The employer may direct an employee to carry out such duties as are within the limits of the employee's skills, competence and training, consistent with the relevant job classification.
(b) Any such direction will be consistent with the employer's responsibility to provide a safe and healthy work environment.
22.1 Salaries will be paid:
(a) fortnightly, at the fortnightly equivalent of the annual rates prescribed; and
(b) by electronics funds transfer into a financial institution nominated by the employee-
23.1 The parties to this Agreement will comply with the terms of the National Training Wage Award 2000 [AW790899], as varied, as though bound by clause 4 of that award.
24.1 First Aid Allowance
Employees appointed as first aiders will be paid an allowance as specified in Schedule B First aid allowance.
24.2 Mixed Functions
(a) An employee in a job at Operator Level 1, who performs the work of an Operator Level 2 job, will be paid for such work at the Operator Level 2 salary on the following basis:
(i) up to 4 hours worked on a day, payment for time actually worked;
(ii) more than 4 hours worked on a day, payment for the day.
(b) An Operator Level 1 or Operator Level 2 who has worked in an Operator Level 3 job for a period totalling 5 days in the immediately preceding 12 month period, will be eligible for payment at the Operator Level 3 rate for work subsequently performed at Operator Level 3.
(c) An allowance paid under this clause will be regarded as salary for the purposes of calculating penalty payments.
24.3 Overtime meal allowance
(a) An employee will be paid an overtime meal allowance as specified in Schedule C - Overtime meal allowance when the employee has not been provided with written advice of the requirement to work overtime during his or her previous shift and is required to work at least:
(i) 1 hour of overtime continuous with ordinary work. In determining whether or not an overtime attendance is continuous with ordinary work, unpaid meal breaks are to be disregarded; or
(ii) 5 hours overtime on a day the employee is not rostered for ordinary work; or
(iii) an additional 5 hours overtime on a day on which eligibility for payment of a first meal allowance has already been established under clause 24.3(a)(i) or clause 24.3(a)(ii) above.
(b) For a part-time employee, only work that attracts an overtime penalty rate, counts as overtime under 24.3 (a) for the purpose of an overtime meal allowance.
24.4 Private motor vehicle allowance
An employee who is authorised to use a private motor vehicle for official purposes or in circumstances in which the employer would otherwise meet the cost of the journey, is entitled to be reimbursed reasonable expenses incurred in using the vehicle on that journey.
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