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VIP EBA DOCUMENTS

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EBA9 CERTIFICATION

AE425065 PR595059

[2017] FWCA 4056 FAIR WORK COMMISSION

DECISION

Fair Work Act 2009 s.185-Enterprise agreement
Australian Postal Corporation T/A Australia Post (AG2017/2728)
AUSTRALIA POST ENTERPRISE AGREEMENT 2017
Postal services
DEPUTY PRESIDENT KOVACIC
CANBERRA, 2 AUGUST 2017

Application for approval of the Australia Post Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australia Post Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Postal Corporation T/A Australia Post. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Australian Postal Corporation T/A Australia Post. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The CPSU, the Community and Public Sector Union, Transport Workers' Union of Australia, The Association of Professional Engineers, Scientists and Managers, Australia, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2017. The nominal expiry date of the Agreement is 9 August 2020.

UNDERTAKINGS

Undertakings provided under section 190 of the Fair Work Act 2009 cth

1. Rates of Pay

For the purposes of the BOOT and clauses 11 and 41 of the Agreement, the Australia Post HR Rates of Pay Manual (Manual) filed with the application for approval is incorporated, in so far as the Manual relates to the classifications set out in Attachment A of the Agreement, into the Agreement.

Australia Post confirms that the pay increases set out in clause 41.1 of the agreement will be applied to the existing rates of pay in the Manual from the dates set out in clause 41.1.

2. Allowances

For the purposes of the BOOT and clauses 11 of the Agreement, the Australia Post Rates of Pay Manual (Manual) as filed with its application for approval is incorporated, in so far as the manual relates to allowances described in the Agrement, into the agreement.

EBA8 BALLOT RESULTS

The EBA was supported by Tas and NSW P&T Branches. Qld and SA/NT were split. The WA and Vic Branch opposed the EBA. The NSW and Vic T&S Branches were neutral. The Divisional Office did not support the EBA. The Divisional Executive did not support or oppose the EBA.

A motion by the Divisional Executive to put out a balanced FOR/AGAINST statement was blocked by some YES supporters.

The ballot closed on 3 July 2013. Notwithstanding the various views the staff of Australia Post voted for the EBA. The comparison with the 2010 ballot is set out below:

                 EBA9 - 2017	 EBA8 - 2013	 EBA7 - 2010
		 Voted	Yes%	 Voted	Yes%	 Voted	Yes%
  NSW		  ,117	 90%	 7,117	 90%	 6,503	 87%
  QLD		  ,252	 87%	 3,252	 87%	 3,221	 79%
  SA		  ,230	 82%	 1,230	 82%	 1,270	 81%
  TAS		   429	 86%	   429	 86%	   420	 91%
  WA		  ,856	 64%	 1,856	 64%	 1,703	 68%
  VIC		  ,209	 51%	 6,209	 51%	 5,874	 51%
                                            
  Voted		  ,122	 75%	20,122	 75%	18,991	 73%
  Ballot Papers   ,956          31,956      
  Rate             63%             63%      

Detailed Breakdown - 2017

	 Yes     %	   No 	  %	 Informal	Total
  NSW	6,118  90.12%	   659	 9.71%	   12	  	6,789
  VIC	3,208  51.61%	 3,001	48.28%	    7		6,216
  QLD	2,828  86.78%	   424	13.01%      7		3,259
  WA	1,195  64.32%	   661	35.58%	    2		1,858
  SA	  927  81.67%	   208	18.33%	    0		1,135
  TAS	  414  96.50%	    15	 3.50%	    0		  429
  ACT	  320  93.84%	    20	 5.87%	    1		  341
  NT	   82  86.32%	    13	13.68%	    0		   95
								
  TOT  15,092  75.00%	 5,001	25.00%	   29	       20,122

  Ballot Papers Issued 31,956 Voted 63%


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