40.1 Retail Services Transformation Agreement
40.1.1 Australia Post and the Principal Unions acknowledge that the Retail Post Agreement 1992 no longer reflects the manner in which retail outlets and the network at large at Australia Post operate.
40.1.2 Australia Post and the Relevant Principal Unions nevertheless acknowledge that a number of themes contained within the Retail Post Agreement may continue to have some relevance to Australia Post's future retail operations.
40.1.3 Australia Post and the Relevant Principal Unions are committed to discuss the following issues during the first six months of the operation of this Agreement with a view to establishing a Retail Services Transformation Agreement:
Future Network and facility/outlet formats;
Future staffing models and flexibility;
Retail Technology;
Postal Managers, Grade 1-3 - Remuneration Conditions;
Future Conversion Arrangements;
Outlet Performance;
Retail organisation structures and classification systems;
Career paths in retail; and
Training and development.
40.1.4 In the event that agreement cannot be reached on the content of the Retail Services Transformation Agreement in the initial six months of negotiations, Australia Post or a Relevant Principal Union may refer the matter to FWA for conciliation.
40.1.5 If conciliation at FWA is unsuccessful in assisting Australia Post and the Relevant Principal Union to reach agreement, Australia Post and the Relevant Principal Union may request FWA to make an order in relation to the steps to be taken by the parties in continuing the negotiations for the Retail Service Transformation Agreement. FWA may only make an order in relation to the following things:
(a) the actions to be taken by the parties to ensure that they are negotiating the Retail Service Transformation Agreement in good faith;
(b) requirements imposed upon the parties not to take action that would undermine the negotiations for the Retail Service Transformation Agreement;
(c) the process to be followed by the parties in negotiating the Retail Service Transformation Agreement going forward.
40.1.6 FWA may not make any orders requiring Australia Post and the Relevant Principal Union to make an agreement, or in relation to the content of the Retail Services Transformation Agreement.
40.1.7 When Australia Post and the Relevant Principal Unions agree to a Retail Services Transformation Agreement a signed copy will be handed up to FWA for the purpose of placing it on the Agreement file so that it can be referred to by the parties.
40.1.8 If a dispute occurs relating to the operation of the final and agreed Retail Services Transformation Agreement, Australia Post and the Relevant Principal Union will attempt to resolve the dispute with internal negotiations as described in clause 42.3.
40.1.9 If the internal negotiations do not resolve the dispute, a party to the dispute may refer the matter to FWA for conciliation in accordance with clause 42.4.
40.1.10 For the avoidance of doubt, the final and agreed Retail Services Transformation Agreement will not be subject to independent mediation or arbitration by FWA unless the parties expressly agree on those provisions of the Agreement that will be subject to independent mediation and/or arbitration.