Fair Work Act 2009
s.739 - Application to deal with a dispute
(C2012/4700)
COMMISSIONER ROE
MELBOURNE, 1 FEBRUARY 2013
Alleged dispute concerning future staffing models and flexibility in the proposed Retail Services Transformation Agreement pursuant to Clause 40 of the Australia Post Fair Work Agreement 2010.
Further to the Recommendations of 21 August, 23 October and 17 December 2012 and the conferences which were held at FWA on 3 August, 20 August, 23 October, 14 November and 17 December 2012 and on 29 January 2013 FWC makes the following recommendation. I provided the parties with an opportunity to respond to an earlier draft of this recommendation.
A. The parties agreed to a recommendation on 17 December 2012 as follows:
1. The parties with the assistance of FWA have sought to resolve their differences about how to proceed to reach an agreement on the future staffing models and flexibility as part of the Retail Services Transformation Agreement (RSTA) (see Clause 40.1.3(b) of the Australia Post Fair Work Agreement 2010). The CEPU argue that the data collection methods are an important part of this process whilst Australia Post believe that data collection methods are not a matter which arise under Clause 40. FWA is satisfied that the impasse concerning this matter is preventing progress being made on other aspects of the RSTA as set out in Clause 40.1.3.
2. Agreement has not been reached on the content of the RSTA in the initial six months of negotiations. Pursuant to Clause 40.1.4 the matter has been referred to FWA as a result of the revised notification by the CEPU of 8 August 2012. Conciliation pursuant to Clause 40.1.5 has not been successful. FWA therefore considers it appropriate and the parties have agreed that FWA should make a recommendation pursuant to Clause 40.1.5 (a), (b) and (c).
3. The CEPU have at the conference on 17 December 2012 made a proposal in the form of a draft recommendation as to the process to be followed by the parties in negotiating this aspect of the RSTA which they consider would best overcome the impasse and lead to the successful negotiation of an RSTA. Australia Post are to put forward their proposal by 20 January 2013.
4. At a conference at 10am on 29 January 2013 both parties will be given the opportunity to argue in favour of their proposal and following that conference FWA will issue its recommendation.
B. I have considered the submissions and proposals put forward on 29 January 2013 and my recommendation is based on the following assessment of those matters:
1. I understand that the intentions of the parties in agreeing to develop the RSTA included retention of those elements of the old Retail Post Agreement which retained their relevance, dealing with changes in the business environment and exploring revised work organisation to meet that environment and associated job security and conditions matters. The parties agreed that staffing levels and rostering practices were a necessary part of these discussions. Notwithstanding the view of Australia Post that changes to the Resource Optimization Management (ROM) was not envisaged as part of the RSTA I am satisfied that to some extent the method utilised by Australia Post to determine staffing requirements at post outlets must now be considered if there is to be an agreement on future staffing models and flexibility as part of the RSTA.
2. I understand that Australia Post are under pressure to continue to optimise its workforce in response to changing business conditions and work organisation and technology and that its current ROM system enables this to occur. Australia Post argue that it is not in a position to delay this process whilst discussions about the RSTA continues. Where the ROM system leads to a proposal to change staffing arrangements at a postal outlet consultation must occur in accordance with the provisions of the Agreement and this provides the CEPU with an opportunity to influence outcomes. I do not recommend a halt to the existing ROM review processes because of the RSTA process.
3. I understand that the initial proposal of the CEPU in these proceedings was to scrap the current ROM system and the Modular Arrangement of Predetermined Time Standards (MODAPTS) which is used as part of that system. To assist in progressing the matter the CEPU have agreed to examine modification of these tools. Australia Post initially was not prepared to consider modifications to these tools as part of the process. To assist in progression of the matter Australia Post have agreed to incorporate elements of the CEPUs proposed Workload Assessment Tool into the survey tools and to address some of the other concerns about the ROM process and particularly the input of Postal Managers into the system. My recommendation is based on these constructive developments.
4. The CEPU seeks a joint study of the following matters:
b. Work times for back office work and the potential or actual difference between times taken to do the work when compared to times gathered through the current ROM survey. CEPU envisages that the outcome of this might be revised ROM times and a more reliable system for calculating the time required for the tasks to assist in determining staffing needs and safe methods of work.
c. Workloads and the incidence of staff not taking their regular breaks or working overtime including unpaid overtime. CEPU envisages that the outcome would be better staffing levels and safer methods of work.
d. OHS issues and evidence of hazards in the work and the relationship to stress and hardship. CEPU envisages that a better evidentiary basis could lead to a safer workplace and more effective work methods.
a. Work times at the counter and the potential or actual differences between the MODAPTS times and live times recorded for counter based work. CEPU envisages that an outcome of this would be a more accurate method for calculating the time required for the tasks to assist in determining staffing needs and safe methods of work.
5. I am satisfied that the proposal of Australia Post has the potential to address the issues raised by the CEPU in respect to back office functions and the CEPU proposed Workload Assessment Tool.
6. Australia Post has adopted the proposal of FWC to encourage employees to put accurate times on timesheets to avoid unpaid overtime. I have no reason to doubt the submissions of the CEPU that members report to them significant incidences of unpaid overtime and inability to take breaks. Australia Post argues that the CEPU has not produced adequate evidence that this is in fact a significant problem. I do not consider it necessary to the development of the RSTA to include a specific study of unpaid overtime and the taking of breaks at this stage.
7. I understand that the development of the RSTA must take into account OHS issues however I consider that it would unnecessarily prolong and complicate the development of the RSTA to include as a preliminary step a study of the particular work hazards and incidence of work stress.
8. I am not satisfied that the proposal of Australia Post adequately addresses the concerns raised by the CEPU about the adequacy of the methodology utilised to arrive at standard times for counter work functions. Both Australia Post and CEPU have demonstrated through the conciliation process that they are most concerned about the times for bill pay transactions which are the most common counter transactions. I do consider it necessary that there be some study and review of this issue.
C. I therefore recommend the following process for the next stage in the development of the future staffing and flexibility element of the RSTA:
1. A joint study be undertaken in respect to time required for bill pay tasks. That study would observe and record the activities and times associated with individual bill pay transactions and compare these with the MODAPTS times. The study to be at locations agreed between the parties by 5 February 2013. The study shall be at two locations unless the parties agree by 5 February 2013 to include additional locations. The study to be undertaken in the weeks commencing 11 and 18 February 2013. The study at any one location shall be over one week. There will be a conference at FWC at 9am on 8 February 2013 to finalise any outstanding matters concerning the joint study.
2. The parties will review the back office survey form and the CEPU proposed Workload Assessment Tool and greater involvement of Postal Managers in the system for determining staffing requirements. Australia Post to provide CEPU with revised back office survey form by 5 February 2013. CEPU to provide a response by 19 February 2013. A meeting is to be held in the week commencing 25 February 2013 to discuss:
b. Postal Managers having a greater access and input to the system to determine their staffing requirements, view and input data, as well as determine their outlets staffing and rostering practices. Consideration will be given to enhanced capability to assess fluctuating future labour requirements and improved flexibility in the utilisation of staff movements within the network.
c. Existing rostering practices to accommodate tasks that are required to be undertaken at the end of shift and when closing an outlet at the end of the day.
a. Revised back office survey form, which incorporates elements of the CEPU Workload Assessment Tool.
3. The parties will prepare a joint report indentifying areas of agreement and difference arising from the above process in the week commencing 4 March 2013 and will finalise that report by Friday 15 March 2013.
4. There will be a further report back to FWC at 1.30pm on 18 March 2013.
COMMISSIONER
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