1.1 This Agreement will be known as the Australia Post Enterprise Agreement 2001.
2.1 This agreement builds upon the foundation established in previous Enterprise Agreements. The agreement is directed at ensuring the future viability, profitability and growth of Australia Post in an environment of:
2.2 In particular it recognises the need to consolidate and protect the core letters, parcels and retail businesses on which Australia Posts very strong reputation for value service and quality has been established by:
2.3 At the same time it recognises that we must develop significant levels of new business which support and expand on the core and establish and expand these new businesses in a manner that ensures they are fully competitive.
3. Creating the High Performance Organisation
3.1 Australia Post will be an employer of choice which values employees and provides the best possible environment in which they can efficiently and effectively perform their work. The outcome of this environment provides both a competitive service or product for customers and a satisfying and ongoing job for the employee. The ongoing process of workplace change and continuous improvement towards best practice will have regard to the following principles:
(i) ensure we adopt the most efficient solutions in each area of the business;
(ii) provide opportunities for skill enhancement and job enrichment in the design of work and the provision of relevant and effective training;
(iii) ensure that there is full and open communications with staff across all areas of the business;
(iv) ensure that we treat employees fairly, and that employees behaviour is consistent with our corporate values and ethics;
(v) establish and maintain a culture where there is a high level of employee involvement and input into the effective operations of their work areas;
(vi) ensure that employee diversity is valued and work/life considerations are recognised in the change process;
(vii) ensure that the workplace is safe and that further improvements are made which protect all people in our workplaces.
4.1 We recognise the desirability of maintaining positive relationships between all stakeholders including employees and employee representatives. All parties agree to:
(i) abide by national Agreements and Awards;
(ii) maintaining Post's positive two-way relationships with employees and unions at a State and National level including a focus on effective workplace resolution of, and consultation on, relevant issues;
(iii) take all reasonable steps to ensure that any differences are dealt with constructively and in particular that any industrial or interpersonal issues are handled in a way which avoids disruption to customer service or business performance;
(iv) whilst recognising that there are some areas of difference, relationships will be kept under regular review at both State and national level with a view to ensuring that they remain positive and constructive and occurring at all levels of the business;
(v) where there is agreement on key issues opportunities will be provided for joint briefings.
4.2 To assist in the development and maintenance of consultative relationships, Post will develop in consultation with unions, education/briefing material aimed at ensuring that all parties involved in consultative processes understand the key principles/processes involved in effective, appropriate consultation and their associated responsibilities.
4.3 Post and the unions will, within 4 months of the certification of this agreement, develop guidelines covering the role, rights, conduct and support provided for union workplace representatives.
4.4 It is agreed that, subject to on-going co-operation in the implementation of change, the maintenance of positive relationships and compliance with dispute resolution processes, Australia Post will continue to deduct union dues for the principal unions where such arrangements are currently in place in accordance with the process established under previous agreements.
5.1 Post employees and unions acknowledge that customer satisfaction, growth and profitability will be fundamental to providing employment security for Post's employees.
5.2 Post recognises that employment security is one of the general characteristics of high performance organisations. Post remains confident that with consultation and co-operation on staffing strategies (including where necessary application of the Redeployment, Retraining, Redundancy Agreement), the change program can be managed without resort to involuntary retrenchment consistent with Clause 5. 1. Post will continue its commitment to provide employment security to the fullest extent practicable
6.1 Australia Post's staffing resources at facility level will continue to comprise predominantly permanent staff (full and part-time) with a fair and reasonable utilisation of overtime and extended hours for business fluctuations above required staff establishment levels.
Permanent Employment
6.2 Australia Post recognises the value of its permanent workforce and is committed, all other things being equal, to providing full-time permanent employment as the preferred option.
6.3 Where there is an on-going need that cannot be filled in this way the preferred option is permanent part-time work.
6.4 Full-time positions would only be considered for part-time where there is a genuine need for such change:
Relief Staff
6.5 Australia Post is committed to providing adequate relief staffing to cover business requirements in a way which:
(i) ensures that unreasonable workload demands are not placed on other
staff,
(ii) utilises, wherever practicable, quality skilled relief resources including
scope for permanent relief staff.
Fixed Term Employment
6.6 Employees can be recruited on a fixed term basis when it is likely that the employee's service will be required only for a specified period for the purposes of:
6.7 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 and subject to approval through the nominated human resource management section and consultation with unions. It would most likely be limited. to planning relating to known impacts of major change projects. Unresolved disputes about the extent of use of fixed term employment beyond 12 months can be referred to the AIRC for resolution and the parties will accept Commission recommendation relating to such disputes.
Casual Employment
6.8 A casual employee is a person engaged in relieving work or work of a casual, irregular or intermittent nature or of short ten-n duration and who is engaged and paid by the hour but does not include an employee who would properly be classified as permanent or fixed-term.
6.9 The maximum period for which a casual employee should be engaged is one month provided that the parties may agree on a longer period for Christmas arrangements.
6.10 The parties agree that existing casual or fixed term employees who meet the criteria in Schedule A will have the right to elect to be permanent or fixed term employees.
6.11 The parties agree to extend to Post casual employees the new AIRC test case parental leave conditions for casual employees.
6.12 The parties agree to recognise for Post casual employees who become permanent, any periods of casual employment with Post as service for Maternity Leave purposes, provided that any break in this casual employment with Post has not exceeded 12 months.
Agency Staff - Contractors/Consultants
6.13 The parties acknowledge that the use of outside contractors, agency staff and consultants can impact on opportunities for employees and agree that such arrangements will not be used unless there are sound business reasons for doing so including appropriate consideration of the use of Post's employees. Such staff will not be used as a means of eroding conditions for Australia Post staff or altering Australia Post's commitment to providing opportunities for its employees.
6.14 It is not Post's intention to contract out its workforce or any significant part of that workforce nor make any substantial change in the current overall balance of employee/contractor resources. Any proposals involving the contracting out on an on-going basis of work currently done by Post employees would be elevated to the National level and sufficient time would be allowed for discussions before action was taken to implement any such proposal.
6.15 Labour hire or Agency staff can be utilised to cover casual and fixed term needs/circumstances within the same parameters as defined in Clauses 6.6 - 6.9.
6.16 Post will provide information on the use of agency staff to the unions as part of Clause 6.18 and 6.20 and will also consult on the operation of the arrangements.
implementation Arrangements
6.17 The parties will jointly develop educational and briefing material on the appropriate use of the employment categories and action will be taken to ensure that managers are aware of how the different categories should be used.
6.18 It is further agreed that a structured, effective consultative process for monitoring, discussing and to the extent practicable, resolving issues relating to the use of Post's employment categories will be put in place. This will include a joint consultative process to
(i) identify facilities which concern exists with the current employment category mix
(ii) discuss and where practicable resolve these concerns
(iii) ensure any subsequent appropriate staffing action is taken in accordance with the principles in this Clause;
(iv) give appropriate consideration to Agency staff who may be affected by the conversion of fixed term positions to permanent status.
6.19 To assist consistent and fair application, advice and monitoring arrangements involving nominated human resource functional areas will be established.
6.20 The parties will, within two months of the certification of this agreement, develop a process for consultation and monitoring of employment arrangements at the National/State and Facility level. If agreement cannot be reached, the parties will refer unresolved issues relating to the development of the consultative/monitoring process to the AIRC for determination.
7.1 Post recommits to the principle that part-time staff should receive the same conditions as full-time employees (on a pro-rata basis) and be given the same access to development opportunities as other staff.
7.2 Post and the unions will complete the identification of any elements of our terms and conditions which are inconsistent with the above principle by no later than I March 2002 and will progressively take appropriate action. A priority will be current sick leave arrangements for part-time staff.
7.3 Post acknowledges that the rostered hours of part-time staff should match the underlying ordinary hours of the position, ie the hours worked on a regular predictable manner in a manner consistent with the award hours of duty provisions.
7.4 Post will put in place the following arrangements:
7.5 Post, its employees and unions support the principle that part-time positions in Post should not involve daily hours of less than 3. There will, however, be circumstances where application of this principle would result in arrangements which are not practicable and/or cost effective. Where this circumstance arises, in respect of new positions, the par-ties agree to consultation prior to the creation and staffing of such a position, including appropriate consideration of alternative work arrangements which would meet the minimum hours principle. Existing individual part-time positions which do not conform with the principle will be reviewed when next vacant.
7.6 The parties agree that the minimum hours principle will be applied as follows:
8.1 The parties continue their commitment to an integrated national competency based framework, which is consistent with the National Training Framework and where applicable, aligns with endorsed industry competency standards.
8.2 This framework will provide the basis for structured training and recognition of prior learning for employees.
8.3 Training will be designed around the agreed competency standards to ensure that the knowledge and skills obtained are relevant to the requirements of the Workplace and in accordance with the range of functions to be performed. This will have regard to:
8.4 Special efforts will be made to develop and implement both individual and business unit/facility training plans within the next year so that the benefits of a high performance workplace can be achieved.
9.1 Higher Duties - Minimum Period for Payment
From 1 March 2003 an allowance will not be paid for higher duties performed unless the period is more than 1 day nor will shorter periods count as service at the higher classification.
9.2 Employee Conduct and Discipline
The arrangements outlined at Schedule B shall apply.
10. EBA4 Conditions of Service
10.1 The parties have agreed that the EBA4 Conditions of Service outlined in Schedule C will be retained for the life of EBA5.
11. Mail Processing and Technical - Structural Reviews
11.1 It has been agreed, that a review of the Mail Processing (including Technical) classifications structure will be undertaken to ensure that:
There is a shared commitment to pro-actively maximise the efficiency, reliability and cost effectiveness of all equipment and as such consistently ensure peak operational outcomes. In recognition of such commitment, it is agreed that:
13.1 Given the current and future changes during the period of this EBA which will impact on Post's Delivery operations and employees:
13.2 Post recognises that some of the changes taking place have the potential to impact on commencement times for Delivery employees and provides an assurance that current Delivery staff in receipt of the 15% shift penalty who are required by Post to start work after 6.30 a.m. will continue to be paid the shift penalty.
14. Delivery Duty Allowance - Clause 9.1 of Operations Award
14.1 Payment of this allowance will be withdrawn on and from the d.o.e. of this agreement and the parties will arrange for the allowance to be deleted from the Operations Award. Withdrawal of the allowance will be subject to the following conditions:
(i) staff who received the allowance on at least 10 days during the 2000/01 financial year will be paid a one-off lump sum payment of $400
(ii) employees who were eligible for the allowance and who received payment on at least 100 days during this period can elect to retain eligibility for the allowance in lieu of receiving the lump sum payment - this includes employees who have been acting in a an eligible position continuously for at least 12 months.
15.1 The parties agree to review current arrangements concerning the classification levels of Delivery Managers and Traditional Supervisors at small facilities to determine whether any changes should be made to the current criteria for classifying these positions.
16.1 The parties agree that a new employment structure will be implemented for customer contact centres.
16.2 Staff recruited after the certification of this Agreement will be employed under this new employment structure. Existing customer contact centre staff will be able to exercise a choice as to remaining within the existing structure transferring into the new structure or expressing an interest in being redeployed to another position.
16.3 Details of this new employment structure and associated transition issues are at Schedule D.
17.1 Australia Post, its employees and unions recognise that there exists a mutual responsibility to work co-operatively 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 at the local level and without recourse to third parties; and
(iv) the rights of an employee to be accompanied by a person of their choice including a union representative throughout the process.
17.2 It is agreed that where disagreements arise, the following procedure will apply:
(i) the employee will discuss the matter with their immediate manager/supervisor, however in circumstances where the matter may relate to the behaviour or actions of the immediate manager 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 at the level the parties consider appropriate;
(iv) if the matter remains unresolved after points (i) to (ii) above have been followed, it may be notified to the Australian Industrial Relations Commission. The Commission may take action consistent with its powers under the Workplace Relations Act 1996 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 Post to perform other available work that is appropriate for the employee to perform.
18.1 The following payments will be made from the first pay period commencing on or after the following dates:
from date of effect of agreement 2.5% from 9 months $300 bonus (i) from 16 months 3.0% from 21 months $300 bonus (i) from 24 months 2.5%18.2 Payments are linked to on-going co-operation on change initiatives and the continuing achievement of productivity and service performance targets. All workplaces and individuals are expected to make a positive contribution to achievement of these targets.
18.3 In particular, the bonuses under (i) are subject to achieving service performance of at least 94% (as measured by KPMG)
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