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.
PART 4 - HOURS OF WORK, SHIFT WORK AND OVERTIME
19. HOURS OF WORK - DAY WORKERS
The ordinary hours of work of a day worker:
(a) will be 38 hours per week or an average thereof;
(b) may be between six and ten hours on any one day;
(c) will be between the hours of 6.00 a.m. and 6.00 p.m., except that the daily spread of hours may be altered by up to one hour at either end by agreement between the employer and the majority of employees or by agreement between the employer and an individual employee;
(d) may be worked on any day Monday to Saturday inclusive, except that an employee who is rostered to work ordinary hours on Saturday will receive a 50% loading for the time worked; and
(e) no employee will be rostered for ordinary work on more than five days in any seven day period.
20.1 Definition
For the purpose of this clause:
(a) shift worker means an employee who is rostered on:
i. alternating or rotating shifts or a constant shift involving regular ordinary work after 1.00 p.m. on Saturday; or
ii. a shift, which commences before 6.00 a.m. or finishes after 6.00 p.m.;
(b) seven day shift worker means an employee who is rostered to and works on Sundays and holidays;
(c) afternoon shift is a shift that finishes after 6.00 p.m. and before or at midnight;
(d) nightshift is a shift that finishes after midnight and before or at 8.00 a.m..
20.2 Ordinary Hours
The ordinary hours of work of a shift worker:
(a) will be 38 hours per week or an average thereof over a cycle of shifts; and
(b) may be between six and ten hours on any one day.
20.3 Shift Penalties
The following shift penalties apply to a shift worker:
(a) Monday to Friday
A shift that starts before 6.00 a.m. 15% Afternoon shift 15% Night shift 15% Night shift worked for more than 4 weeks continuously 30%
(b) Saturday
All rostered time that falls between midnight Friday and midnight Saturday 50%
(c) Sunday
All rostered time that falls between midnight Saturday and midnight Sunday 100%
(d) Public Holiday 150%
20.4 Public Holiday Shift
Where shifts fall partly on a public holiday, the shift which has the major portion falling on a public holiday will be regarded as the holiday shift. Except that, by agreement between the employer and the majority of employees concerned, the shift which has the minor portion falling on a public holiday may be regarded as the holiday shift.
20.5 Payment During Annual Leave
Shift penalty payments will be made in respect of any work (other than on public holidays) which an employee would have performed had the employee not been on approved annual leave, subject to the conditions specified in clause 31 - ANNUAL LEAVE LOADING.
20.6 Payments Stand Alone
The additional payments prescribed by this clause will not be taken into account in the computation of overtime or in the determination of any allowance based upon salary, nor will they be paid with respect to any shift for which any other form of penalty payment is made under this Agreement.
20.7 Exchange of Shifts
An employee is allowed to exchange duties or shifts or days off, or to perform work for another employee, with the approval of the employee's manager.
20.8 Interval Between Shifts
Shifts will be arranged so that an employee has a minimum break of 10 hours continuously off work between shifts except in cases of:
(a) emergency certified by the employee's manager and notified to the employees concerned by posting the notification in a prominent place; and/or
(b) regular change over of shifts.
20.9 Day off Instead of Public Holiday
A seven day shift worker who is rostered off work on a public holiday will be granted a day's leave in lieu of that holiday within one month after the holiday, if practicable, or paid one day's pay at ordinary rates.
20.10 Roster Changes
An employee will be given a minimum of seven consecutive days notice of any rostered change, unless the roster change is by agreement between the employer and an individual employee or is necessitated by an emergency or special circumstances for example sick leave, resignations on short notice, dismissals and suspensions.
By agreement between the employer and an employee, an employee may work in excess of ordinary hours to enable time off to be accumulated over a cycle of 4 weeks. The accumulated time off will be taken at a time mutually convenient to the employee and the employer. A maximum of 22 hours 48 minutes may be accumulated. Any hours accumulated in excess of 22 hours 48 minutes will be paid at overtime rates in accordance with clause 23 - OVERTIME.
22.1 Meal Break
An employee who works a minimum of five consecutive hours will receive an unpaid meal break of a minimum of 30 minutes and not more than 60 minutes, except that:
(a) a longer period for the meal break may be arranged by agreement between the employer and an employee or a majority of employees in the workplace concerned; and/or
(b) an employee may work in excess of five hours but not more than six hours, without a meal break, by agreement between the employer and the employee concerned.
22.2 Tea Break
A single 20 minute paid tea break or two 10 minute paid tea breaks inclusive of walk up and walk down time will be granted to employees, at a time fixed by the employer so as to minimise disruption to operations.
23.1 Reasonable Overtime
23.1.1 Subject to clause 23.1.3 an employer may require an employee to work reasonable overtime at overtime rates.
23.1.2 Provided that this subclause does not apply to employees employed in accordance with the provision of clause 35.7 (Parental leave - part-time work).
23.1.3 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
(a) any risk to employee health and safety;
(b) the employee's personal circumstances including any family responsibilities;
(c) the needs of the workplace or enterprise;
(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(e) any other relevant matter.
23.2 Definition
Overtime is paid for all authorised work outside ordinary hours outlined in clause 19 HOURS OF WORK - DAY WORKERS and clause 20.2 - Shift Worker / Ordinary Hours.
23.3 Rate of Pay - Day Workers
The rate of pay for authorised overtime worked by a day worker will be:
(a) Monday to Saturday - time and a half for the first three hours and double time thereafter;
(b) Sunday - double time;
(c) Public Holidays - double time and a half.
23.4 Rate of Pay - Shift Workers
The rate of pay for authorised overtime worked by a shift worker will be:
(a) Monday to Friday - time and a half for the first three hours and double time thereafter;
(b) Saturday or Sunday - double time;
(c) Public Holidays - double time and a half.
23.5 Part-Time Employees
(a) Part-time employees are eligible for overtime rates applicable to full-time employees:
i. for work in excess of 7 hours 36 minutes in any one day and/or
ii. where an employee other than a shift worker is required to work on more than five days per week.
(b) Work in excess of normal requirements but which does not attract a penalty under clause 23.5(a) will be paid at the rate applicable to ordinary work on that day.
23.6 Rest Period After Overtime
(a) When overtime work is necessary, it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.
(b) An employee (other than a casual) who, because of working overtime in accordance with this clause, does not have at least 10 consecutive hours off between finishing work and the commencement time of work the next day, will not be required to perform work on the next day until 10 hours have elapsed since the conclusion of work. The employee will not incur any loss of pay for ordinary working time occurring during the absence.
(c) If the employee is required to resume or continue to work without having had a 10 hour break in accordance with clause 23.6(a) above, the employee will be paid at the appropriate overtime rate until such time as a 10 hour break is taken. The employee will not incur any loss of pay for ordinary working time occurring during the absence.
23.7 Time Off in Lieu of Overtime
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
(b) Overtime taken as time off during ordinary time hours will be taken at the ordinary rate, that is, an hour for each hour worked.
PART 5 - SALARY AND ALLOWANCES
24. JOB CLASSIFICATIONS AND SALARIES
24.1 Job Classifications and Salaries
The job classifications covered by this Agreement and the respective salary rates are specified in SCHEDULE A - JOB CLASSIFICATIONS and SCHEDULE B - SALARY RATES.
24.2 Review of Classification Structure
(a) The classification structure in this Agreement has been developed to provide a structure appropriate for the 3PL/4PL work environment.
(b) It is acknowledged by the parties that rapid development in the 3PL/4PL work environment and in the Post Logistics business will require further enhancements and development of this classification structure as the nature of the 3PL/4PL business changes and training and competency standards are developed to reflect these changes.
(c) The parties agree to review the classification structure as these changes occur with a view to enhancing the Post Logistics business and promoting skill and career development of Post Logistics employees.
24.3 Junior Rates
An employee who is under 21 years of age and employed in a job classification specified in SCHEDULE A - JOB CLASSIFICATIONS, will be paid an annual salary. The salary, calculated to the nearest dollar, will be set by applying the appropriate percentage for the age of the employee as specified in Table 1 below, to the minimum total award rate of an adult employed in the same job.
TABLE 1
Age of Employee Percentage of Minimum Adult Salary % Under 17 years 50 At 17 years 60 At 18 years 70 At 19 years 81 At 20 years 91
(a) 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.
(b) Any such direction will be consistent with the employer's responsibility to provide a safe and healthy work environment.
Salaries will be paid:
(a) fortnightly, at the fortnightly equivalent of the annual rates prescribed; and
(b) by electronic funds transfer into a financial institution nominated by the employee.
The parties to this Agreement will comply with the terms of the National Training Wage Award 2000 [AW790899], as varied, as though bound by clause 4 of that Award.
28.1 First Aid Allowance
Employees appointed as first aiders will be paid a weekly allowance as specified in SCHEDULE C - ALLOWANCES.
28.2 Mixed Functions
(a) An employee who is required to temporarily perform the work of a higher classification level will be paid at the rate corresponding to that higher level for the time actually worked at that higher level.
(b) An allowance paid under this clause will be regarded as salary for the purposes of calculating penalty payments.
28.3 Overtime Meal Allowance
(a) An employee will be paid an overtime meal allowance as specified in SCHEDULE C - ALLOWANCES when the employee has not been provided with advice of the requirement to work overtime during their previous shift and is required to work at least:
i. one hour of overtime continuous with ordinary work. In determining whether or not an overtime attendance is continuous with ordinary work, unpaid meal breaks are to be disregarded; or
ii. five hours of overtime on a day the employee is not rostered for ordinary work; or
iii. an additional five hours of overtime on a day on which eligibility for payment of a first meal allowance has already been established under clause 28.3(a)i or clause 28.3(a)ii above.
(b) For a part-time employee, only work that attracts an overtime penalty rate, counts as overtime under 28.3 (a) for the purpose of an overtime meal allowance.
28.4 Private Motor Vehicle Allowance
An employee who is authorised to use a private motor vehicle for official purposes or in circumstances in which the employer would otherwise meet the cost of the journey, is entitled to be reimbursed reasonable expenses incurred in using the vehicle on that journey.
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