14. DISPUTE SETTLEMENT

14.1 Resolution of Disagreements

The parties agree they have a mutual responsibility to work co-operatively to resolve disagreements over workplace matters, as far as is practicable, at the workplace level.
in order to promote speedy, effective and informal resolution of problems, it is agreed that the employee with a grievance will first discuss the matter with the immediate supervisor and every effort should be made to resolve it at this early stage. The immediate supervisor will respond to the employee's grievance as soon as possible, but within a reasonable period of time.
it is recognised that not all problems will be resolved in this manner, therefore the following formal procedure for the resolution of problems is agreed:
in relation to the application of the Agreement, or any other industrial dispute arising during the life of the Agreement, the parties commit themselves to:
(a) promptly addressing disagreements within the procedures set out below;
(b) discussing those disagreements in an open and honest way;
(c) seeking to resolve those disagreements wherever possible at the local level; and
(d) recognising the rights of an employee to be accompanied or represented by a person of their choice, including a union representative, throughout the process.

14.2 Dispute Settlement Procedure

At any stage of the procedure an employee/s may be accompanied or represented by a person of their choice, including a union representative. The parties agree that where disagreements arise, the following procedure will apply:
(a) 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;
(b) 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;
(c) if the issue involves more than one employee, the employees involved, the union or the management may raise the issue at the level the parties consider appropriate.

Conciliation
(d) If the matter remains unresolved after points 14.2(a) to (c) above have been followed, it may be notified to the Australian Industrial Relations Commission ("the Commission") for conciliation.

Arbitration
(e) If conciliation does not resolve the dispute, the Commission may determine the matter by arbitration. In exercising its arbitration powers the Commission will have regard to:
i. the terms of this Agreement;
ii. whether the impact on employees is harsh, unjust or unreasonable;
iii. the conduct of the parties.
(f) in circumstances where the Commission is unable for whatever reason to arbitrate a dispute in accordance with sub-clause 14.2(e) , the parties shall:
i. request the Commission to conduct a private arbitration about the industrial dispute; or
ii. consent to proceedings under Section 111AA of the Workplace Relations Act 1996 on the basis that such proceedings will be conducted by way of evidence and formal submission leading to a decision and/or order.
The parties shall comply with the Commission's decision and/or order arising under sub-clauses 14.2(f) (i) or (ii).
(g) In addition to the other powers provided to the Commission under the Workplace Relations Act 1996, the conciliation and arbitration processes covered by sub-clauses 14.2(d), 14.2(e) and 14.2(f) will be subject to Sections 100-105 of the Workplace Relations Act (this includes application of Section 105 to proceedings under Clause 14.2(f)ii)).
(h) While the parties are attempting to resolve the matter, the employee will continue to work in accordance with the 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 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 Logistics to perform other available work that is appropriate for the employee to perform.
(i) Sub-clauses (e) and (f) will only operate until a party to this Agreement initiates a bargaining period following the expiry of this Agreement.

14.3 Redundancy Disputes Procedure

(a) Sub-clauses 14.3(b) and 14.3(c) impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises ("a redundancy dispute").
(b) 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:
i. the reasons for any proposed redundancy;
ii. the number and categories of workers likely to be affected; and
iii. the period over which any proposed redundancies are intended to be carried out.
(c) 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 minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned.

14.4 Training

(a) To assist in dispute resolution, a union delegate or employee representative who has had at least six months continuous service with the employer, will be granted leave of absence, at ordinary rates of pay, to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution.
(b) The specific training courses will be agreed between the employer and the individual employee.
(c) The grant of leave will be subject to the operational requirements of the employer. Such leave will be granted up to a maximum of five days per calendar year and will not accumulate.
(d) An employee granted leave who fails to attend the nominated course, will notify the employer as a soon as practicable. No payment will be made to any employee until satisfactory proof of attendance at the nominated course is produced.

15. NO PROTECTED INDUSTRIAL ACTION

The parties further agree that they will not engage in protected action under section 170 ML of the Workplace Relations Act 1996 (the Act) to support or advance claims for any further certified agreement. This clause applies until a party to the Agreement initiates a bargaining period following the expiry of the Agreement (Clause 4.1 refers).

PART 3 - CONTRACT OF EMPLOYMENT

16. CATEGORIES OF EMPLOYEES

16.1 Terms of Engagement

16.1.1 A person may be employed as a permanent, fixed term or casual employee.

16.1.2 A person engaged as a permanent or fixed term employee can be employed on a full-time or part-time basis.

16.1.3 At the time of engagement, the employer will inform each employee in writing of:
(a) the nature of category of the employee's employment; and
(b) the terms and conditions of the employee's employment.

16.2 Period of Probation

Unless an employee's employment is terminated pursuant to clause 17.5 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.

16.3 Permanent Employment

16.3.1 Post Logistics recognises the value of its permanent workforce and is committed to providing full-time permanent employment as the preferred employment option. Where the flow of work provides that work can be effectively and efficiently organised around full-time options then full-time employment should apply.

16.3.2 Where there is a genuine on-going need for employment other than full-time permanent employment, the preferred option is permanent part-time employment. Genuine need shall include circumstances where there is insufficient work for a full-time permanent position, specifically agreed job sharing arrangements, specific commercial contract requirements, and part-time employment arrangements under clause 35.7.

16.3.3 This provision shall not be used to split full-time jobs into part-time jobs.

16.4 Part-Time Employment

16.4.1 A part-time employee:
(a) is an employee who works less than 38 hours per week;
(b) will be rostered for a minimum of four and a maximum of 10 consecutive hours on any day; and
(c) will not be employed by the employer for more than one engagement per day.

16.4.2
(a) 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.
(b) The hours and times of work of a part-time employee may be increased by agreement with the employee, or by the employer providing the employee with two weeks notice.
(c) The hours and times of work of a part-time employee may be reduced by agreement with the employee, or by the employer providing the employee with the following notice:
i. two weeks notice where a part-time employee has previously agreed to a temporary increase in their hours of work and the reduction in hours will result in hours of work no less than the hours of work prior to the temporary increase, or where a part-time employee agrees to any reduction in their hours of work;
ii. four weeks notice where a part-time employee has not agreed to a reduction in their hours of work.
iii. The provisions of 16.4.2(c)will not be unreasonably used to avoid the intent of clause 16.5.
(d) Post Logistics shall record the details of all changes in part-time employees' hours.

16.4.3 A part-time employee is required to be available to work such hours, within the specified span of hours at clause 19 - HOURS OF WORK - DAY WORKERS, as are necessary to meet Post Logistics third party business operational needs.

16.4.4 A part-time employee will be paid a pro rata salary in accordance with the relevant job classification.

16.4.5 The conditions provided in this Agreement will apply to a part-time employee on a pro rata basis unless otherwise specified in this Agreement, and a part-time employee will be given the same development opportunities as full-time staff.

16.5 Adjustment of Part-Time Hours

16.5.1 Notwithstanding the provisions of 16.4.2 (c)(i)to 16.4.2(c)(iii) inclusive a part-time employee who on a regular basis has been engaged by Post Logistics for hours in excess of their nominated fortnightly hours of work, shall have the right thereafter to seek a review of his or her nominated fortnightly hours of work, with a possibility of an increase to the hours that have been actually worked if the period of working those extended hours continues beyond 12 months.

16.5.2 Post Logistics shall give every part-time employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of 12 months. The employee retains his or her right of review of hours under this clause if Post Logistics fails to comply with this paragraph.

16.5.3 Any such part-time employee who does not within four weeks of receiving written notice seek a review of his or her hours of work will be deemed to have elected against any such review.

16.5.4 Any part-time employee who has a right to a review under clause 16.5.1, upon receiving notice under clause 16.5.2 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 a review of his or her hours of work, and within four weeks of receiving such notice Post Logistics shall consent to or refuse the adjustment of hours but shall not unreasonably so refuse.

16.5.5 Once a part-time employee's hours of work have been adjusted on review, the employee may only revert to the previous number of hours of work by written agreement with the employer.

16.5.6 Any adjustment of hours of work of a part-time employee under this clause shall not alter the permanent employment status of the part-time employee.

16.5.7 Where, in accordance with clause 16.5.4 Post Logistics refuses to adjust an employee's hours of work, the reasons for doing so shall be fully stated and discussed with the employee concerned and a genuine attempt made to reach agreement.

16.5.8 Any dispute about the arrangements to apply to an employee adjusting hours of work or the refusal by Post Logistics to adjust the hours shall be dealt with as far as practicable with expedition through the dispute settlement procedure in clause 14 DISPUTE SETTLEMENT.

16.5.9 The hours of a part-time employee shall not be reduced to avoid the obligations of this clause.

16.6 Fixed Term Employment

16.6.1 Post Logistics can recruit on a fixed term basis when it is likely that the employee's service will be required for the purposes of:
(a) recruitment for a specific project or to provide specialist skills which are not encompassed by current operational roles;
(b) filling known long-term leave requirements but only where Post Logistics can demonstrate there are not permanent Post Logistics employees available to meet these requirements;
(c) to meet specific commercial contract requirements of facilities management arrangements or short term commercial contract arrangements.

16.6.2 Fixed term arrangements shall not be used to undermine the limitations on the use of casual employment in sub-clause 16.7.

16.6.3 The period of continuous employment as a fixed term employee shall be between 12 weeks and one year. The period of continuous employment of a fixed term employee can be extended for a maximum of a further 12 months subject to approval through the Human Resources Manager and in consultation with the CEPU.

16.7 Casual Employment

16.7.1 A casual employee:
(a) is an employee engaged in relieving work or work of a casual, irregular or intermittent nature or of a short term duration but does not include an employee who would properly be classified as permanent or fixed term;
(b) (i) the maximum initial period for which a casual employee should be engaged is 12 weeks provided that casuals may be employed for longer than 12 weeks to meet workflow fluctuation requirements. The union will be consulted in regard to any proposed extension for an additional 12 weeks;
(ii) an extension of the period of casual employment shall not take the total period of casual employment beyond 24 weeks. Casual arrangements which extend beyond this period will be subject to the casual review process at 16.8;
(c) will be engaged and paid by the hour;
(d) will be engaged on each occasion and be paid for no less than four hours;
(e) 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 22.5% which loading is in lieu of annual leave, personal leave, public holidays and bereavement leave; and
(f) 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;
(g) the following clauses of this Agreement do not apply to casual employees:

 Clause Number  Subject Matter
 17         Termination of employment
 18         Redundancy
 23.6 (b)   Rest period after overtime
 29         Annual leave
 33         Public holidays
 34         Personal leave
 35         Parental leave except in the case of an eligible casual 
            employee as defined in clause 35.2 of this Agreement.

16.8 Casual Review Process

16.8.1
(a) A casual employee, other than an irregular casual employee as defined in clause 16.8.2, who has been engaged by Post Logistics for a sequence of periods of employment under this Agreement for a period of 24 weeks, shall have the right to seek a review of his or her contract of employment if the employment is to continue beyond this time.
(b) Post Logistics shall give the employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of 24 weeks. The employee retains his or her right of review of contract of employment under this clause if Post Logistics fails to comply with this paragraph.
(c) Any such casual employee who does not within four weeks of receiving written notice seek a review to change his or her ongoing contract of employment to a full-time employment or a part-time employment contract will be deemed to have elected against any such review.
(d) Any casual employee who has a right to review their contract of employment under clause 16.8.1(a), upon receiving notice under clause 16.8.1(b) or after the expiry of the time for giving such notice, may give four weeks notice in writing to Post Logistics that he or she requests a review of his or her contract of employment, and within four weeks of receiving such notice Post Logistics shall consent to or refuse to change to a permanent full-time or part-time contract of employment, but shall not unreasonably so refuse. Any dispute about a refusal of change to a permanent contract of employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.
(e) Once a casual employee through a review of their employment status has had their employment status changed to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with Post Logistics.
(f) If a casual employee requests a review of his or her contract of employment in accordance with clause 16.8.1(d), Post Logistics and the employee in accordance with this subparagraph, and subject to clause 16.8.1(d), shall as part of this review discuss and agree upon:
i. which form of employment the employee may change to, that is, full-time or part-time; and
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 clause 16.4.
(g) The nature of the employment contract should reflect the hours that the employee worked as a casual employee on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between Post Logistics and the employee.
(h) Following such agreement being reached, the employee shall change to full-time or part-time employment.
(i) Where, in accordance with clause 16.8.1(d) Post Logistics refuses to change a contract of employment upon a review being requested by an employee, the reasons for doing so shall be fully stated and discussed with the employee concerned and a genuine attempt made to reach agreement.
(j) Any dispute about the arrangements to apply to an employee changing 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.

16.8.2 An "irregular casual employee" is one who has been engaged to perform work on an occasional or non-systematic or irregular basis. The provisions of clause 16.8.1 do not apply to irregular casual employees.

16.8.3 Post Logistics agrees to recognise for casual employees who become permanent, any period or periods of casual employment with Post Logistics as service for Parental Leave purposes, provided that any break in this casual employment has not exceeded twelve months.

16.9 Agency/Labour Hire Staff

The parties acknowledge that the use of agency staff can impact on the employer-employee relationship. Accordingly:

16.9.1 Post Logistics will not use agency/labour hire staff as a means of eroding wages and conditions of Post Logistics employees or to alter Post Logistics' commitment to providing career opportunities for its permanent employees.

16.9.2 On the occasions when agency/labour hire staff are used to carry out work on Post Logistics premises for work within the scope of this Agreement, Post Logistics will require the agency/labour hire supplier to:
(a) observe all safety conditions; and
(b) provide a level of remuneration which is no less than that provided in this Agreement and observe the applicable safety net award conditions of employment in relation to its employees on the premises.

16.10 Employment Arrangements - Monitoring, Review and Consultation

16.10.1 Provision of Information
i. Post Logistics will include the provision of information on the use of categories of employment including permanent, agency/labour hire staff, casual employees engaged directly by Post Logistics and fixed term employees engaged directly by Post Logistics to the union for all local Joint Consultative Committees.
ii. Post Logistics will provide information on the use of categories of employment including permanent, agency/labour hire staff, casual employees engaged directly by Post Logistics and fixed term employees engaged directly by Post Logistics to CEPU Divisional office every six months.

16.10.2 Review of Employment Arrangements
Post Logistics will review its labour mix requirements regularly (each six months) to ensure optimal employment arrangements are in place to: