PART 1 - APPLICATION AND OPERATION
This award shall be known as the Postal Services Industry Award 2003.
3.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
3.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.
3.3 Nothing in this clause is taken to affect:
3.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;
3.3.2 junior rates of pay determined by the Commission in accordance with s.143(1E) of the Act;
3.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;
3.3.4 the exemptions in s.170CK(3) and (4) of the Act.
In this award, unless the contrary appears:
4.1 Act shall mean the Workplace Relations Act 1996.
4.2 Calculation of pay shall mean the amount of pay accruing to an employee for the hours the employee works or would ordinarily work for a particular period as specified in this award.
4.3 Commission shall mean the Australian Industrial Relations Commission.
4.4 Continuous Service
4.4.1 Continuous service for the purpose of this award means weekly employment until termination of employment.
4.4.2 Service shall be deemed to be continuous notwithstanding:
Any interruption or termination of the employment by the employer if such interruption or termination has been made merely with the intention of avoiding obligations hereunder is respect of absence;
4.4.3 Any absence from work on account of annual leave, personal sickness, accident or account of leave lawfully granted by the employer; or
4.4.4 For the purpose of this sub-clause:
4.4.4(a) any absence with reasonable cause for which the onus of proof shall be upon the employee:
4.4.4(b) for the employee to become entitled to the benefit of this sub-clause, the employer must be notified within 24 hours where practicable of the commencement of the absence of the employee's inability to attend for duty;
4.4.4(c) entitlements to annual leave and sick leave shall cease to accrue after 152 hours of absence because of sickness or accident in a period of twelve months continuous service;
4.4.4(d) no entitlements shall accrue during periods of unpaid leave.
4.4.5 This definition of continuous service has no application for annual leave.
4.5 Employer shall mean an employer bound by this award, listed at Schedule C - Post offices bound by this award.
4.6 Franchised post office shall mean a business operating under a franchise agreement with Australia Post to supply postal services including a business or activity that is incidental to the supplying of postal services.
4.7 Licensed post office shall mean a business operating under a licence agreement with Australia Post to supply postal services including a business or activity that is incidental to the supplying of postal services.
4.8 Pay shall mean the calculation of pay as required under provisions of this award having regard to the number of ordinary hours worked by the employee over the relevant period.
4.9 Union shall mean Communications, Electrical, Electronic, Energy, Information, Postal and Allied Services Union of Australia.
5. COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION
5.1 This award shall come into force on and from the beginning of the first full pay period commencing on or after 1 August 2003 and shall remain in force for a period of six months.
5.2 This award shall override the operation of all awards to which an employer may have been bound prior to the operation of this award, in respect of the classifications covered by this award.
5.3 Nothing in this award shall in itself operate to reduce the conditions of employment of an employee which were in existence immediately prior to or at the commencement of this award.
6.1 Subject to the exemptions set out in 6.1.3, this award applies to those employees in classifications set out in clause 15 - Classification and wage rates, who are engaged by a business in or in connection to the postal services industry.
6.2 For the purposes of this award, a business in the postal services industry means a licensed post office or franchised post office business licensed or franchised by Australia Post.
6.3 This award does not apply to:
6.3.1 Australia Post;
6.3.2 Persons employed under:
7.1 The Communications, Electrical, Electronic, Energy, Information, Postal and Allied Services Union of Australia (CEPU).
7.2 The employers listed in Schedule C - Post offices bound by this award, and all their employees covered by this award, whether such employees are members of the union or not.
PART 2 - ENTERPRISE FLEXIBILITY
8. ENTERPRISE FLEXIBILITY PROVISIONS
(See ss.113A and 113B of the Act)
Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs, the following process shall apply:
8.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.
8.2 For the purpose of the consultative process the employees may nominate the union bound by this award, or other representative, to represent them.
8.3 Where agreement is reached an application shall be made to the Commission.
PART 3 - CONSULTATIVE AND DISPUTE RESOLUTION
9. CONSULTATION MECHANISM AND PROCEDURES
9.1 At each enterprise covered by this award the employer and employee and, if appropriate a union representative may establish a mechanism and procedures which enables them to communicate and consult about matters arising out of this award, in particular clause 8 - Enterprise flexibility provisions, which they agree would assist in achieving and maintaining cooperative workplace relations and mutually beneficial work practices.
9.2 The employer shall permit a notice board, of a minimum size to take an A4 size notice, to be erected in the workplace, or each part of the workplace to facilitate communication between employees and their representatives.
10.1 In the event of a dispute arising in a workplace covered by this award, the following procedure will apply:
10.1.1 The employee(s) concerned will first meet and confer with their immediate supervisor. The employee(s) may appoint another person to act on their behalf including a shop steward or delegate of their union.
10.1.2 Subject to 10.2 and 10.3 where the shop steward or delegate is involved they will be allowed reasonable time during working hours to interview the employee(s) and the supervisor.
10.1.3 If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may invite a union official to be involved in the discussions. The employer may also invite into discussions an officer of the employer organisation to which the employer belongs.
10.1.4 The shop steward or delegate shall be allowed, at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited union officials of the union to which they belong. The time of an interview shall be at a time to minimise disruption in the workplace.
10.1.5 If the matter remains unresolved, the dispute may then be referred to the Commission for settlement by conciliation and/or arbitration.
10.2 In order to facilitate the procedure in this clause:
10.2.1 The party with the grievance must notify the other party at the earliest opportunity of the problem.
10.2.2 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded.
10.2.3 However, the parties must co-operate to ensure that the disputes resolution procedures are carried out as quickly as possible.
10.3 While the parties are attempting to resolve the matter the parties will continue to work in accordance with this award and their contract of employment unless the employee has a reasonable concern about an imminent risk to their health and safety. Subject to relevant provisions of any State or Territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to their health or safety, the employee must not unreasonably fail to comply with a direction by the employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform
10.4 Redundancy Disputes Procedure
10.4.1 Paragraphs 10.4.2 and 10.4.3 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute). These additional obligations do not apply to employers who employ fewer than 15 employees.
10.4.2 Where a redundancy dispute arises, and it has not already done so, an employer must provide affected employees and the relevant union or unions (if requested by an affected employee) in good time, with relevant information including:
10.4.2(a) the reasons for any proposed redundancy
10.4.2(b) the number and categories of workers likely to be affected; and
10.4.2(c) the period over which any proposed redundancies are intended to be carried out.
10.4.3 Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimize any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned
PART 4 - EMPLOYMENT RELATIONSHIP
11.1 General duties
11.1.1 An 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 classification structure of this award provided that such duties are not designed to promote deskilling.
11.1.2 An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.
11.1.3 Any direction issued by an employer under this clause is to be consistent with the employer's responsibilities to provide a safe and healthy working environment.
12.1 Full-time and part-time employment
An employee not specifically engaged as a casual employee or fixed term/specific task employee shall be employed as a full-time or regular part-time employee.
12.2 Probationary employment
12.2.1 An employer may initially engage a full-time or regular part-time employee for a period of probationary employment for the purpose of determining the employee's suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation which can be up to but not exceed three months.
12.2.2 A probationary employee is for all purposes of the award a full-time or part-time employee.
12.2.3 Probationary employment forms part of an employee's period of continuous service for all purposes of the award, except where otherwise specified in this award.
12.3 Regular part-time employees
12.3.1 An employer may employ regular part-time employees in any classification in this award.
12.3.2 A regular part-time employee is an employee who may be engaged to work on a part-time basis involving a regular pattern of hours which shall average less than 38 hours per week.
12.3.3 At the time of first being employed, the employer and the regular part-time employee will agree, in writing, on a regular pattern of work, specifying at least:
12.3.4 Any agreement to vary the regular pattern of work must be made in writing before the variation occurs.
12.3.5 The agreement and variation to it must be retained by the employer and a copy given by the employer to the employee.
12.3.6 A regular employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.
12.3.7 Overtime
Overtime shall be payable to part-time employees for time worked in excess of the hours fixed in accordance with the pattern of hours applicable to the employee. However, a part-time employee is not entitled to be paid overtime penalties on a day until he or she has worked at least an equivalent number of hours that day to an equivalent full-time employee in the relevant workplace. Provided that a part-time employee shall not work more than 38 hours in any week at ordinary rates.
12.3.8 Award entitlements
The terms of this award shall apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38 hours.
12.3.9 Public holidays
Where the part-time employee's normal paid hours fall on a public holiday prescribed in clause 30 - Public holidays, and work is not performed by the employee, such employee shall not lose pay for the day. Where the employee works on the holiday, such employee shall be paid in accordance with 30.7.
12.3.10 Conversion of existing employees
No full-time employee shall be transferred by an employer to part-time employment without the written consent of the employee. Provided that where such transfer occurs all leave entitlements accrued shall be deemed to be continuous. A full-time employee who requests part-time work and is given such work may revert to full-time employment on a specified future date by agreement with the employer and recorded in writing.
12.4 Casual employment
12.4.1 A casual employee is to be one engaged and paid as such. A casual employee working ordinary time shall be paid an hourly rate calculated on the basis of 1/38th of the weekly award wage prescribed in clause 15 - Classification and wages, for the work being performed plus a casual loading of 20%.
12.4.2(a) A casual employee, other than an irregular casual employee as defined in 12.4.5, who has been engaged by a particular employer for a sequence of periods of employment under this award during a period of six months, shall thereafter have the right to elect to have his or her contract of employment converted to full-time employment or part-time employment if the employment is to continue beyond the conversion process.
12.4.2(b) Every employer of such an employee shall give the employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of six months. The employee retains his or her right of election under this clause if the employer fails to comply with this paragraph.
12.4.2(c) Any such casual employee who does not within four weeks of receiving written notice elect to convert his or her ongoing contract of employment to a full-time employment or a part-time employment will be deemed to have elected against any such conversion.
12.4.2(d) Any casual employee who has a right to elect under 12.4.2(a), upon receiving notice under 12.4.2(b) or after the expiry of the time for giving such notice, may give four weeks notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer shall consent to or refuse the election but shall not unreasonably so refuse. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.
12.4.2(e) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.
12.4.2(f) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with 12.4.2(d), the employer and employee in accordance with this subparagraph, and subject to 12.4.2(d), shall discuss and agree upon:
12.4.2(f)(i) which form of employment the employee will convert to, that is, full-time or part-time; and
12.4.2(f)(ii) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked, as set out in 12.3.
12.4.2(g) Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between the employer and employee.
12.4.2(h) Following such agreement being reached, the employee shall convert to full-time or part-time employment.
12.4.2(i) Where, in accordance with 12.4.2(d) an employer refuses an election to convert, the reasons for doing so shall be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.
12.4.2(j) Any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.
12.4.3 An employer when engaging a person for casual employment must inform the employee then and there that the employee is to be employed as a casual, stating by whom the employee is employed, the job to be performed and the classification level, the actual or likely number of hours required, and the relevant rate of pay.
12.4.3(a) The employer shall give to a casual employee who has been engaged for one or more periods of employment extending over three or more weeks in any calendar month, and whose employment is or is likely to be ongoing, a note in writing signed by or on behalf of the employer stating:
12.4.3(a)(i) the name and address of the employer;
12.4.3(a)(ii) if the employee has been engaged by the employer to perform work on hire to another person or company or is regularly engaged to perform work on hire to other persons or companies, a statement to that effect;
12.4.3(a)(iii) the job to be performed and the classification level on which the employee has been or is likely to be engaged;
12.4.3(a)(iv) as far as practicable, the terms of the current engagement, including the likely number and likely pattern of hours required to be worked, the casual rate or other loading applied and the base rate of pay on which the loading is applied;
12.4.3(a)(v) the contingency on which the engagement expires, or the notice, if any, that will be given to terminate any ongoing employment
12.4.3(c) It shall be sufficient compliance with 12.4.3(a) if the employer gives such a note in writing upon or following the first occasion on which the casual employee has been so engaged for a period or periods extending over three or more weeks in any calendar month.
12.4.4 An employee must not be engaged and re-engaged to avoid any obligation under this award.
12.4.5 An irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.
12.4.5(a) The provisions of 12.4.2 do not apply to irregular casual employees
12.5 Fixed term/specific task employees
12.5.1 An employee may be engaged on a full-time or part-time basis for a specific period of time or for a specific task(s).
12.5.2 The details of the specific period of time or specific task(s) shall be set out in writing and retained by the employer. The employer shall provide a copy to the employee.
12.5.3 An employee engaged in accordance with 12.5.1 is for all purposes of the award a full-time or regular part-time employee.
12.5.4 Service under a contract of employment for a specific period of time or specific task(s) shall form part of an employee's period of continuous service, where such employee is engaged as a full-time or part-time employee immediately following such contract of employment.
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