POST LOGISTICS THIRD PARTY WAREHOUSING/FULFILMENT BUSINESS AWARD 2001
This award shall be known as the Post Logistics Third Party Warehousing/Fulfilment Business Award 2001.
3.1 For the purpose of this award:
3.1.1 Commission means the Australian Industrial Relations Commission;
3.1.2 Employer means the Australian Postal Corporation;
3.1.3 Union means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Communications Division);
3.1.4 Act means the Workplace Relations Act 1996 (Cth)
This award will apply from the beginning of the first pay period commencing on or after 14 November 2001 and will remain in force for a period of 12 months.
5. PARTIES BOUND AND APPLICATION
5.1 Parties bound - This award is binding upon:
5.1.1 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Communications Division), its officers and members ; and
5.1.2 Australian Postal Corporation.
5.2 Application
This award applies to all employees who are employed in classifications covered by this award and who are 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.
6.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Act 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.
6.2 Accordingly, in fulfilling their obligations under the dispute avoidance and resolution 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.
6.3 Nothing in this clause is taken to affect:
6.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;
6.3.2 junior rates of pay;
6.3.3 an employee, the employer or the union, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;
6.3.4 the exemptions in s.170CK(3) and (4) of the Act.
7.1 Certified agreement provision (See ss.113A and 113B of the Act)
7.1.1 Where the employer, the union or the employees wish to pursue an agreement at the workplace about how the award should be varied so as to make the workplace operate more efficiently according to its particular needs, the following process will apply:
7.1.1(a) a consultative mechanism and procedures appropriate to the size, structure and needs of the workplace will be established;
7.1.1(b) for the purpose of the consultative process, the employees may nominate the union or an employee representation to represent them;
7.1.1(c) where agreement is reached, an application will be made to the Commission.
7.2 Facilitative provisions
7.2.1 This award contains facilitative provisions that allow agreement to be reached between the employer and either an individual employee or the majority of employees on how specific award provisions are to apply at the workplace concerned.
7.2.2 The facilitative provisions in this award are contained in the following clauses:
Subject matter Clause number Variation of hours and times of work of part-time employee 10.3.2 Extending spread of ordinary hours of day worker 18.1.3 Public holiday shift 19.4 Roster changes -shift worker 19.10 Time off 20 Meal break 21.1 Substitution of public holidays 27.5
7.2.3 Where a facilitative provision provides for agreement between the employer and a section or sections of the workplace, a section of the workplace includes all employees directly affected by the decision being voted on.
PART 3 - DISPUTE AVOIDANCE AND RESOLUTION
8. DISPUTE RESOLUTION AND CONSULTATION
8.1 Procedure to resolve industrial disputes
8.1.1 In the event of a dispute arising in the workplace, the procedure to be followed to resolve the matter will be as follows:
8.1.1(a) the employee and his or her supervisor will meet and confer on the matter; and
8.1.1(b) if the matter is not resolved at such a meeting, the parties will arrange for further discussions between the employee who may choose to be accompanied by a person of his or her choice including a union representative, and more senior levels of management.
8.1.2 If the matter is still not resolved, a discussion will be held between representatives of the employer and the union or the employee representative.
8.1.3 If the matter cannot be resolved, it may be referred to the Commission. The Commission may take action within its powers.
8.1.4 While the parties attempt to resolve the matter, work will continue as normal unless an employee has a reasonable concern about an imminent risk to his or her health and safety.
8.2 Notice boards
To facilitate communication between employees and employee representatives including the union, the employer will permit the use of notice boards. The employer retains the right to reject and remove the posting of any material that is not in relation to agreement or award related issues.
PART 4 - EMPLOYMENT RELATIONSHIP
9.1 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.
9.2 Any such direction will be consistent with the employer's responsibility to provide a safe and healthy work environment
10.1 Terms of engagement
10.1.1 A person may be employed as a permanent, fixed term or casual employee.
10.1.2 A person engaged as a permanent or fixed term employee can be employed on a full-time or part-time basis.
10.1.3 At the time of engagement, the employer will inform each employee in writing of:
10.1.3(a) the type of the employee's employment; and
10.1.3(b) the terms and conditions of the employee's engagement.
10.2 Period of probation
Unless an employee's employment is terminated pursuant to clause 11.2 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.
10.3 Part time employee
10.3.1 A part time employee:
10.3.1(a) is an employee who works less than 38 hours per week;
10.3.1(b) will be rostered for a minimum of four (4) consecutive hours on any day; and
10.3.1(c) will receive, on a pro rata basis, equivalent pay and conditions to those of a full-time employee in the same job classification.
10.3.2 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 one (1) week's notice in the case of an increase in hours, or two (2) week's notice in the case of a reduction in hours.
10.4 Fixed term employee
A fixed term employee is a person engaged for an extended fixed period, or to undertake a specific task.
10.5 Casual employees
10.5.1 A casual employee:
10.5.1(a) 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;
10.5.1(b) will be engaged and paid by the hour;
10.5.1(c) will be engaged on each occasion and paid for no less than four hours;
10.5.1(d) 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 public holidays, annual leave, personal leave, or bereavement leave; and
10.5.1(e) 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.
10.5.2 The following clauses of this award do not apply to casual employees:
11 Termination of employment
12 Redundancy
23 Annual leave
27 Public holidays
28 Personal leave
29 Parental leave except in the case of an eligible
casual employee as defined in clause 29.2.
11.1 Notice of termination by employer
11.1.1 In order to terminate the employment of a full-time or regular part-time employee, the employer will give to the employee the period of notice specified in the following table:
Period of continuous service Period of notice 1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years of completed service 4 weeks
11.1.2 In addition to this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice.
11.1.3 Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.
11.1.4 In calculating any payment in lieu of notice, the salary used will be that an employee would have received in respect of the ordinary time he or she would have worked during the period of notice had the employee's employment not been terminated.
11.2 Exemption from notice provisions
The period of notice in this clause will not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency within the first 14 days, neglect of duty or misconduct and to casual employees, or employees engaged for a specific period of time or for a specific task or tasks.
11.3 Notice of termination by an employee
11.3.1 The notice of termination required to be given by an employee is the same as that required of the employer, except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.
11.3.2 If an employee fails to give notice, the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.
11.4 Time off during notice period
Where the employer has given notice of termination to an employee, an employee will be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off will be taken at times that are convenient to the employee after consultation with the employer.
12.1 Definition
Redundancy occurs 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 anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment.
12.2 Transfer to lower paid duties
12.2.1 Where an employee is transferred to lower paid duties for reasons set out in clause 12.1 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.
12.3 Severance pay
12.3.1 An employee who is made redundant is entitled, subject to further order of the Commission, to the following severance pay based on the employee's continuous period of service with the employer:
Period of continuous service Severance pay 1 year or less nil 1 year and up to the completion of 2 years 4 weeks' pay* 2 years and up to the completion of 3 years 6 weeks' pay 3 years and up to the completion of 4 years 7 weeks' pay 4 years and over 8 weeks' pay*"Weeks' pay" means the ordinary time rate of pay for the employee concerned excluding shift penalties earned during ordinary time.
12.3.2 The severance payments:
12.3.2(a) are in addition to the periods of notice specified in clause 11.1; and
12.3.2(b) must not exceed the amount the employee would have earned if the employee had remained employed with the employer up to the employee's normal retirement date.
12.4 Employee leaving during notice period
An employee whose employment is terminated for the reasons set out in clause 12.1 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.
12.5 Time off during notice period
12.5.1 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.
12.5.2 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.)
12.6 Alternative employment
The employer may, in a particular redundancy case, apply to the Commission to have the severance pay provisions at clause 12.3 above varied, if the employer obtains an offer of acceptable alternative employment for the employee.
12.7 Exclusions
This clause does not apply where employment is terminated as a result of conduct that justifies instant dismissal , including malingering, inefficiency or neglect of duty. Nor does it apply to probationary employees, casual employees or fixed term employees.
12.8 Transmission of business
12.8.1 Where a business is before or after the date of this award, transmitted from the employer (in this clause called the transmittor) to another employer (in this clause called the transmittee) and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:
12.8.1(a) the continuity of the employment of the employee will be deemed not to have been broken by reason of such transmission; and
12.8.1(b) the period of employment which the employee has had with the transmittor or any prior transmittor will be deemed to be service of the employee with the transmittee.
12.8.2 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.
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