POST LOGISTICS THIRD PARTY WAREHOUSING/FULFILMENT BUSINESS
ENTERPRISE AGREEMENT 2004-2006
(Pre Ballot Version)
Logistics Agreement
IMPORTANT NOTES
This is the pre ballot version - 6 Sept 2004
This EBA6 must e read together with some explanatory letters and letters
of undertakings by Australia Post.
See EBA6 Undertakings below.
and
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
POST LOGISTICS THIRD PARTY WAREHOUSING/FULFILMENT BUSINESS ENTERPRISE AGREEMENT 2004-2006
PART 1 - APPLICATION AND OPERATION OF AGREEMENT
This Agreement is called the Post Logistics Third Party Warehousing/Fulfilment Business Enterprise Agreement 2004 - 2006.
PART 1 - APPLICATION AND OPERATION OF AGREEMENT 1. Agreement Title 2. Arrangement 3. Definitions 3.1 Commission 3.2 Employer 3.3 Union 3.4 Continuous Service 4. Duration and Scope 4.1 Duration 4.2 Agreement Not to be Used as a Precedent 4.3 Australian Workplace Agreements 5. Anti-Discrimination 6. Shared Values and Objectives 6.1 Objectives of Agreement 6.2 Business Success Factors 6.3 Quality 7. Parties Bound and Application 7.1 Parties Bound 7.2 Application 8. Relationship to Other Industrial Instruments and Legislation 9. Availability of Agreement PART 2 - FLEXIBILITY, CONSULTATION AND DISPUTE RESOLUTION 10. Code of Behaviour 11. Occupational Health and Safety 12. Workplace Flexibility 12.1 Facilitative Provisions 13. Consultative Mechanism and Procedures 14. Dispute Settlement 14.1 Resolution of Disagreements 14.2 Dispute Settlement Procedure 14.3 Redundancy Disputes Procedure 14.4 Training 15. No Protected Industrial Action PART 3 - CONTRACT OF EMPLOYMENT 16. Categories of Employees 16.1 Terms of Engagement 16.2 Period of Probation 16.3 Permanent Employment 16.4 Part-Time Employment 16.5 Adjustment of Part-Time Hours 16.6 Fixed Term Employment 16.7 Casual Employment 16.8 Casual Review Process 16.9 Agency/Labour Hire Staff 16.10 Employment Arrangements - Monitoring, Review and Consultation 16.10.1 Provision of Information 16.10.2 Review of Employment Arrangements 16.10.3 Consultation on Employment Arrangements 16.10.4 Educational and Briefing Material 17. Termination of Employment 17.1 Notice of Termination by Employer 17.2 Notice of Termination by an Employee 17.3 Job Search Entitlement 17.4 Transmission of Business 17.5 Reasons for Termination 17.6 Termination of Employees on Probation 17.7 Review Of Termination Of Employment 18. Redundancy 18.1 Definitions 18.2 Transfer to Lower Paid Duties 18.3 Severance Pay 18.4 Employee Leaving During Notice Period 18.5 Alternative Employment 18.6 Job Search Entitlement 18.7 Transmission of Business 18.8 Employees Exempted 18.9 Incapacity to Pay PART 4 - HOURS OF WORK, SHIFT WORK AND OVERTIME 19. Hours of Work - Day Workers 20. Shift Work 20.1 Definition 20.2 Ordinary Hours 20.3 Shift Penalties 20.4 Public Holiday Shift 20.5 Payment During Annual Leave 20.6 Payments Stand Alone 20.7 Exchange of Shifts 20.8 Interval Between Shifts 20.9 Day Off Instead of Public Holiday 20.10 Roster Changes 21. Time Off 22. Meal and Tea Break 22.1 Meal Break 22.2 Tea Break 23. Overtime 23.1 Reasonable Overtime 23.2 Definition 23.3 Rate of Pay - Day Workers 23.4 Rate of Pay - Shift Workers 23.5 Part-Time Employees 23.6 Rest Period After Overtime 23.7 Time Off in Lieu of Overtime PART 5 - SALARY AND ALLOWANCES 24. Job Classifications and Salaries 24.1 Job Classifications and Salaries 24.2 Review of Classification Structure 24.3 Junior Rates 25. Employee Duties 26. Payment of Salaries 27. National Training Wage 28. Allowances 28.1 First Aid Allowance 28.2 Mixed Functions 28.3 Overtime Meal Allowance 28.4 Private Motor Vehicle Allowance PART 6 - TYPES OF LEAVE AND PUBLIC HOLIDAYS 29. Annual Leave 29.1 Entitlement 29.2 Timing of Annual Leave 29.3 Annual Leave Exclusive of Public Holidays 29.4 Payment on Termination 30. Annual Leave - Seven Day Shift Workers 30.1 Additional Annual Leave 30.2 Pro Rata Entitlement 31. Annual Leave Loading 31.1 Amount 31.2 Payment on Termination 32. Leave as Directed 33. Public Holidays 33.1 Designated Holidays 33.2 Substitute Holidays 33.3 Payment for Work on Substituted Day 33.4 Local Holidays 33.5 Substitution of Public Holidays by Agreement 33.6 Public Holiday Duty 34. Personal Leave 34.1 Eligibility 34.2 Entitlement 34.3 Accrual 34.4 Leave for Personal Injury or Illness 34.4.1 Eligibility 34.4.2 Sick Leave Without Certificate 34.4.3 Illness on Public Holiday 34.4.4 Illness During Annual Leave 34.4.5 Failure to Produce Satisfactory Evidence 34.4.6 Requirement to Provide Medical Report or Attend a Medical Examination 34.4.7 Timing of Medical Report 34.4.8 Direction to take Sick Leave 34.5 Carer's Leave 34.5.1 Eligibility 34.5.2 Definition of Immediate Family 34.5.3 Entitlement 34.5.4 Leave Credit 34.5.5 Unpaid Leave 34.5.6 Prior Notice 34.6 Bereavement Leave 34.7 Family Provisions Test Case 35. Parental Leave 35.1 Provisions 35.2 Definitions 35.3 Re-engagement of Casual Employee 35.4 Maternity Leave 35.5 Paternity Leave 35.5.1 Nature of Leave 35.5.2 Eligibility for Paternity Leave 35.5.3 Certification 35.5.4 Notice Requirements 35.5.5 Variation of Period of Paternity Leave 35.5.6 Cancellation of Paternity Leave 35.5.7 Paternity Leave and Other Leave Entitlements 35.5.8 Effects of Paternity Leave on Employment 35.5.9 Termination of Employment 35.5.10 Return to Work after Paternity Leave 35.5.11 Replacement Employee 35.6 Adoption Leave 35.6.1 Nature of Leave 35.6.2 Eligibility 35.6.3 Certification 35.6.4 Notice Requirements 35.6.5 Variation of Period of Adoption Leave 35.6.6 Cancellation of Adoption Leave 35.6.7 Special Leave 35.6.8 Adoption Leave and Other Entitlements 35.6.9 Effect of Adoption Leave on Employment 35.6.10 Termination of Employment 35.6.11 Return to Work after Adoption Leave 35.6.12 Replacement Employees 35.7 Part-Time Work 35.7.1 Definitions 35.7.2 Entitlement 35.7.3 Return to Former Position 35.7.4 Effect of Part-Time Employment on Continuous Service 35.7.5 Pro Rata Entitlements 35.7.6 Transitional Arrangements - Annual Leave 35.7.7 Transitional Arrangements - Sick Leave 35.7.8 Part-time Work Agreement 35.7.9 Termination of Employment 35.7.10 Extension of Hours of Work 35.7.11 Nature of Part-Time Work 35.7.12 Inconsistent Agreement Provisions 35.7.13 Replacement Employees 35.8 Annual/Long Service Leave for Parental Leave 36. Leave to Attend as Witness in Industrial Proceedings 36.1 Eligibility and Entitlement 36.2 Period of Service 37. Jury Service 37.1 Leave Granted 37.2 Jury Fees PART 7 - EMPLOYEE DEVELOPMENT 38. Industry Skills Development SCHEDULES Schedule A - Job Classifications Schedule B - Salary Rates Schedule C - Allowances
For the purpose of this Agreement:
3.1 Commission means the Australian Industrial Relations Commission;
3.2 Employer means the Australian Postal Corporation;
3.3 Union means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Communications Division) ("CEPU").
3.4 Continuous Service means:
(a) In calculating continuous service, employment is deemed to be unbroken notwithstanding:
i. Any annual leave or long service leave taken, public holidays, paid bereavement leave, paid training leave and jury service leave;
ii. any interruption or termination of the employment by the employer if such interruption or termination is made with the intention of avoiding obligations in respect of annual leave or long service leave;
iii. any absence from work of not more than 14 days in the year of employment on account of sickness or accident.
(b) Absences from work which do not count as time worked in calculating the leave entitlement but do not break continuity of service for the purpose of this Agreement include:
i. any absence with reasonable cause, proof of which shall be upon the employee;
ii. any leave without pay taken with the agreement of the employer;
iii. parental leave.
(c) Where a business is transmitted from one employer to another, the period of continuous service that the employee had with the transmitter or any prior transmitter shall be deemed to be service with the transmittee and taken into account when calculating annual leave. However an employee shall not be entitled to leave or payment in lieu for any period in respect of which leave has been taken or paid for.
4.1 Duration
This Agreement will apply from (date of certification by the Commission) and will continue in force until 31st December 2006.
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.)
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 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 application are directly or indirectly discriminatory in their effect.
6. SHARED VALUES AND OBJECTIVES
6.1 Objectives of Agreement
The parties to this Agreement recognise that Post Logistics operates in a competitive market and that workplace flexibility is a critical success factor for the business. This Agreement provides a framework within which workplace flexibility can be pursued.
The objectives of this Agreement are to:
(a) enhance the efficiency and business success of Post Logistics, and through this contribute to increased job security for all employees;
(b) provide a high quality Third and Fourth Party Logistics service which fully meets customer requirements;
(c) continue to develop and maintain productive, safe, co-operative and harmonious working relationships by promoting trust and continually striving to improve communications at all levels; and
(d) develop a learning environment where all employees are willing and encouraged to develop their maximum potential, within the scope of their employment, and to continually update their skills and knowledge with regard to operational requirements, and the objectives of Post Logistics.
6.2 Business Success Factors
Post Logistics will retain existing customers and grow new business opportunities in our target markets by focusing on continuous improvement in the following:
(a) order timeliness;
(b) a high quality, value adding service capability;
(c) pick accuracy;
(d) stock accuracy;
(e) integrity of inventory security;
(f) careful handling of customer products;
(g) labour productivity;
(h) compliance with all relevant legislative requirements and service level obligations;
(i) best practice safety and accident rates;
(j) high levels of attendance;
(k) eradication of facilities and equipment damage; and
(l) strong customer satisfaction ratings.
6.3 Quality
(a) Post Logistics will continue to foster a work environment which focuses on Quality Assurance where all employees are expected to accept responsibility for the quality of their own work;
(b) Employees will participate in the quality management process. Further, employees will directly enhance the quality assurance process by, but not limited to, the following:
i. inspection of incoming and outgoing goods to ensure that no damaged goods are received or despatched;
ii. stock rotation;
iii. clear identification of goods to ensure storage and despatch accuracy;
iv. assistance in the assessment of the accuracy of work;
v. assistance in the preparation of non-conformance reports relating to service failures; and
vi. recommendations concerning simplifications and improvements to processes.
7. PARTIES BOUND AND APPLICATION
7.1 Parties Bound
This Agreement is binding upon:
(a) the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Communications Division) ("CEPU"), its officers and members; and
(b) Australian Postal Corporation.
7.2 Application
This Agreement applies to employees who are employed in classifications covered by this Agreement and are employed at work sites conducted by the employer's Post Logistics Division, which sites are exclusively engaged in third and/or fourth party warehousing/fulfilment operations. However, it does not apply to such employees who have entered into an Australian Workplace Agreement.
8. RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS AND LEGISLATION
Subject to clause 7.2, 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 ("the Award") to the extent of any inconsistency, and the parties expressly recognise the terms of clause 8.2 of the Award.
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 employees covered by this Agreement in a prominent place where it is easily accessible to employees.
PART 2 - FLEXIBILITY, CONSULTATION AND DISPUTE RESOLUTION
Post Logistics will produce a Code of Behaviour document within three months of certification of this Agreement. All employees will be required to adhere to this Code of Behaviour.
11. OCCUPATIONAL HEALTH AND SAFETY
The parties are committed to achieving and maintaining healthy and safe working conditions in all Post Logistics workplaces by abiding by all relevant occupational health and safety legislation. Consistent with this commitment the parties agree to work together to:
(a) eliminate and/or control workplace hazards at the source;
(b) establish processes which ensure optimal performance is achieved in protecting all people in Post Logistics workplaces;
(c) identify and resolve potential health and safety problems arising from any proposed changes to equipment, substances or work practices which may affect employees' health and safety; and
(d) Health and Safety Representatives will be provided with paid leave to attend OHS training as specified in the Occupational Health and Safety (Commonwealth Employment) Act 1991.
12.1 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 16.4.2 Casual employees 16.7.1(b)i and ii Span of ordinary hours 19 (c) Public holiday shift 20.4 Roster changes 20.10 Time off 21 Meal break 22.1 Substitution of public holidays 33.5 Part-time work agreement 35.7
(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 14 - DISPUTE SETTLEMENT.
13. CONSULTATIVE MECHANISM AND PROCEDURES
13.1 The parties agree that consultation is important in maintaining positive working relationships between Post Logistics, its employees and the union. Post Logistics acknowledges that consultation prior to any significant change and on the consequences of that change is critical to maintaining positive workplace relationships and positive business outcomes. However, the parties also acknowledge that the consultative processes need to have regard to the competitive business environment that Post Logistics operates within and the associated need that may exist for time limited business decision making;
13.2 Post Logistics and the union recognise the principles of consultation stated in Commissioner Smith's decision in CEPU v Vodafone Network Pty Ltd [Print 911257] reflect its intention with respect to consultation.
13.3 The parties agree:
(a) the focus of consultation will be on the impact of Post Logistics' decisions on its employees;
(b) that "significant change" relates to impacts on employees at a facility, or organisational part of a facility, state or national level;
(c) that agreements negotiated at the national level are not to be renegotiated at the state or local level;
(d) to maintain positive two-way relationships with unions and employees at a state and national level including a focus on effective workplace resolution of, and consultation on, relevant issues;
(e) to develop guidelines on consultation structures and practices in Post Logistics to supplement this clause. The guidelines will be developed within three months of the date of certification.
13.4 Post Logistics will prior to making any significant change for reasons including economic, technological, structural reasons or similar nature, commit to the following actions:
(a) as soon as practicable after deciding and before making changes, which significantly affect employees, inform the union which represents the industrial interests of such employees about the details of the proposed changes. The information provided to the relevant union will include the nature of and reasons for the proposed change; the number and categories of employees likely to be affected and the time when, or the period over which, the employer intended to carry out the proposed change;
(b) as soon as practicable after deciding and before changing an employee's employment subject to the decision, Post Logistics will give the union an opportunity to consult on measures to avert and/or mitigate the effects on employees including adverse effects on job security, reduction in income, change of working hours for individuals, change of worksite, change to skill requirements, adverse impacts on equal employment opportunity or occupational health and safety.
13.5 Post Logistics acknowledges that under sections 285B and 285C on the Workplace Relations Act 1996 unions have rights in respect of entry to Post Logistics workplaces. In particular circumstances, including in relation to the effects on staff in respect of major changes, Post Logistics and the relevant union may agree on workplace access arrangements involving union officials which assist the consultative process. In addition, to assist consultation and dispute resolution the parties agree to comply with the existing guidelines for workplace representation.
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