SUMMARY OF POSITION - SHIFT SWAP NEGOTIATIONS - 3 MARCH 2021
The following is a summary of the positions as of 3 March 2021.
- CEPU T&S member claims are in black.
- Where struck out, Post has rejected the CWU claim
- Post own log of claims are in red
- clauses have been renumbered
Clause 19.5.1 of the Australia Post Enterprise Agreement 2017 states
"An employee is allowed to exchange duties or shifts or days off, or to perform duty for another employee, with the approval of the manager."
Australia Post and the CEPU have agreed to a shift swap process for Technicians employed at SPF and SGF, as follows.
Purpose
The purpose of the shift swap process is to provide a framework that allows two employees to temporarily exchange shifts to meet personal commitments or for other personal reasons.
This process provides guidance to employees and managers on how that approval should be exercised.
Requests within team
Requests for Short Term swaps outside team (up to and including one week)
General
Requests for Longer Term swaps
CWU T&S NSW BRANCH PROPOSAL - 20 FEB 2021
The overriding law applying to shift swaps is contained in the Post EBA at Clause 19.5.1 Exchange of Shifts":
Requests within team
Requests for Short Term swaps outside team (up to and including one week)
General
Requests for Longer Term swaps
Certification
AGREEMENT - AUS POST AND CWU T&S NSW BRANCH
February 2020
Requests for Longer Term swaps
General
1. Organised amongst team members and team leader to be advised.
2. Any such request should be at least 1 week in advance where practicable.
3. Employees must make the request by email to their technical manager. the relevant Team Leaders.
4. Employees are not required to provide any reason for the request.
5. It is accepted that some minor disruption may be caused by a shift swap.
6. It is expected that such swap requests will be approved unless there are any substantial operational reasons.
Examples of substantial operational reasons include, but are not limited to:
a. Increased costs to Australia Post, for example, through increased overtime, shift penalties or other costs;
b. Differences in the skill level or the performance of the two employees that has an adverse impact on the operation;
c. Where a shift swap has already been agreed for other members of the impacted teams.
7. Where, due to repeated requests for shift swaps an employee would spend more than one week out of every 12 weeks in a team that is not their permanently allocated team, Australia Post may decline the request. In such cases the employee should submit a Workplace Flexibility
Request for a longer-term change of shift.
8. Substantial Operational Reasons do not include minor inconveniences that may be caused by a shift swap.
9. Employees can make consecutive requests of one week.
10. Overtime arrangements will be in accordance with the Overtime Guidelines.
11. Rostered overtime attached to the shift remains part of the swap.
12. Shift swaps include swaps between SGF and SPF.
13. Where a request is not approved the employee will be advised in writing including the reasons.
14. It is recognised that the manager cannot act unreasonably when considering whether "substantial Operational reasons" exist.
15. Where a request is refused there will be an ability to escalate to the Facility Operations Manager,
and if unresolved, to the Head of Processing, NSW/ACT and then to the General Manager Deliveries NSW/ACT & QLD.,
The employee can be represented by the union with these discussions.
16. If the matter cannot be resolved, the parties agree that the matter can be taken to the FWC for immediate arbitration (i.e. there is no requirement for conciliation or mediation).
17. An overtime shift can be swapped in the same way as a normal shift.
18. There will be a review of swaps after 3 months.
19. Where two employees seek to make a request to swap shifts for a longer period than allowed for above, both employees must submit a detailed request outlining:
a. The reasons for the request;
b. The duration of the swap;
c. Any supporting evidence that is reasonably requested by Australia Post.
20. Workplace Flexibility is a separate matter and not generally applicable to shift swaps.
21. Request to be in writing on a Workplace Flexibility form to the Technical Manager.
22. Requests under this part should be at least 2 weeks in advance.
An employee is allowed to exchange duties or shifts or days off, or to perform duty for another employee, with the approval of the manager.
1. Organised amongst team members and team leader to be advised.
2. Any such request should be at least 1 week in advance where practicable.
3. Employees must make the request by email to the relevant Team Leaders.
4. Employees are not required to provide any reason for the request.
5. It is accepted that some minor disruption may be caused by a shift swap.
6. It is expected that such leave swap requests will be approved unless there are any substantial operational reasons.
7. Employees can make consecutive requests of one week.
8. Rostered overtime attached to the shift remains part of the swap.
9. Shift Swaps include swaps between SGF and SPF.
10. Where a request is not approved the employee will be advised in writing including the reasons.
11. It is recognised that the manager cannot act unreasonably when considering whether "substantial Operational reasons" exist.
12. Where a request is refused there will be an ability to escalate to the Facility Operations Manager, the employee can be represented by the union with these discussions.
13. If the matter cannot be resolved, the parties agree that the matter can be taken to the FWC for immediate arbitration. (i.e. there is no requirement for conciliation or mediation).
14. An overtime shift can be swapped in the same was as a normal shift.
15. There will be a review of the swaps process after 3 months.
16. Workplace Flexibility is a separate matter and not generally applicable to shift swaps.
17. Request to be in writing on a Workplace Flexibility form to the Technical Manager.
18. Requests should be at least 2 weeks in advance.
19. The CEPU NSW T&S Branch and Aus Post will make a joint application to the FWC in matter C2020/9108 for consent orders incorporating the guidelines.
Requests within team
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