MANUAL MODULAR FRAMES DISPUTE
2005
COMMISSIONER FOGGO MELBOURNE, 31 MAY 2005
RECOMMENDATION
[1] These are applications which relate to disputes over the introduction of manual processing improvement initiative. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) (the union) lodged applications pursuant to s.170LW of the Workplace Relations Act 1996 (the Act) regarding different elements of the initiatives proposed and partially implemented by Australia Post.
[2] On 8 April 2005, the Commission issued a Recommendation regarding the dispute. Australia Post formally advised that it accepted the Recommendation and the CEPU some elements of it and flagged possible full acceptance of the Recommendation pending clarification it sought from Australia Post on a number of matters. In the interim, Australia Post lodged an application pursuant to s.127 of the Act over what it alleged to be industrial action in the form of bans at Sydney West Letter Facility over the introduction of swipe cards. Swipe cards have been progressively implemented at Australia Post facilities over the past six months. The use of swipe cards is relevant in Australia Post's view, to more accurate allocation of labour resources.
[3] Arising from formal hearings and lengthy conciliation conferences of the parties on 25 May and 27 May 2005, the following Recommendation is issued.
[4] Framework for the Trial and implementation of the manual processing improvement initiative:
4.1 The parties agree that the Recommendation from the Commission dated 8 April 2005 [PR957144] provides a framework for the implementation of the initiative.
4.2 Manual Processing Improvement Initiatives already implemented at facilities will remain in place. Full implementation of all elements of the Manual Processing Improvement Initiatives (including implementation of swipe cards at the Dandenong Letters Centre) will occur at the facilities nominated for the Comcare investigation process.
4.3 Australia Post will provide a letter to the union, with a copy to the Commission, that it will only use generic swipe cards and there will be no individual monitoring of employee's through information collected using the swipe card system or cross referencing of information with other monitoring equipment such as team score cards.
[5] Investigation:
5.1 The CEPU should make application, pursuant to s.41(5) of the Commonwealth OH&S Act, to seek an enquiry into the Occupational Health and Safety aspects of the sort rates proposed by Australia Post.
5.2 The Commission notes the importance of this enquiry to the union and to establishing the safety of the proposed sort rates. It is also noted that it is in the parties interest that the enquiry is conducted as soon as possible. It should be noted that the parties prefer that the enquiry occur at the same time as the trial on implementing the Manual Processing Improvement Initiatives.
5.3 The parties agree that the Investigation will be conducted in a manner consistent with the requirements of the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 Part 5 - Manual Handling (NS MH Regulations), and the National Codes of Practice for the Prevention of Occupational Overuse Syndrome and Manual Handling.
5.4 The basis of the request to Comcare regarding the investigation relate to alleged hazards associated with manual handling tasks associated with the proposed sort rates. It is the responsibility of the CEPU to identify the work practices in the new system which it believes constitute work practices which are health and safety risks. The union's application to Comcare will ensure that if unsafe work practices are identified, Australia Post will have a responsibility to correct any health and safety risks.
5.5 The Comcare investigator will be provided with relevant information such as the studies conducted by Ms Bartolich and Dr. Judith Farrell regarding the determination of sort rates. Australia Post acknowledges that an investigation process would involve the direct observation of work and collection of relevant data and consultation with relevant parties.
5.6 The CEPU will propose that the Comcare investigation be conducted at the following facilities:
Dandenong Letters Centre
Sydney West Letters Facility
5.7 It is expected that this investigation should take no longer than three months. However, a longer period may be required based on the time required by the Comcare Investigator to complete the investigation.
[6] Communication and Management of the trial:
6.1 Australia Post will ensure that the CEPU at the national level and state levels and staff and union representatives at facilities are fully advised of the use of this technology. Where there are issues at facilities where the swipe cards are already introduced, further meetings with relevant representatives should be conducted to answer any practical questions and explain the Commission's Recommendation to employees.
6.2 Australia Post has undertaken to immediately deal with any health and safety concerns which may be progressively identified throughout the investigation process.
6.3 In addition to the close communication which will need to occur during the trial, the Commission will provide for a monthly report back before the Commission on issues associated with the trial and the opportunity to raise issues associated with the implementation of the initiatives whether they arise due to the manual processing, the use of swipe cards or with the Performance Assessment and Review process (PAR). The CEPU and Australia Post should discuss and advise the Commission preferably one week in advance, of the agreed date for a monthly report back hearing.
6.4 The parties should consider whether draft Attachment 1, discussed during conferences before the Commission, provides an appropriate format for information to be provided at report back hearings before the Commission. Similarly, the range of matters which the CEPU provides to Comcare for investigation could provide the scope of report back issues.
[7] Performance Assessment and Review Process (PAR):
7.1 Several issues contained in the Performance Assessment and Review Process (PAR) have been the subject of discussion during the conferences before the Commission and agreement has been reached to vary the current process. Australia Post should formally convey to the union, with copy to the Commission, of its intention to vary the document regarding any disciplinary action arising from PAR, the review process and the accuracy rate.
7.2 Australia Post will not initiate disciplinary action based solely on performance assessments of an individual as part of the Performance Assessment and Review completed during the six month period from the Commission recommendation i.e. 8 April 2005. The major purpose of PAR is to provide training and support programs to assist individuals to perform at or above the level to which they have been trained. [PAR: Manual Processing document: Version 1 [Exhibit F4]]
[8] Industrial Action:
8.1 While the trial and the Comcare investigation are being progressed, there should be no bans, limitations or any form of industrial action regarding the implementation of the manual processing improvement initiatives.
8.2 Agreement to this Recommendation should ensure that there is an orderly implementation of the manual processing improvement initiative through a process which will include an investigation of the occupational health and safety concerns of the union. In this context, supervisors and management should assist employees who have concerns with the manual processing initiative and not implement the initiative in a punitive manner.
8.3 On the basis of there being agreement with the CEPU on this Recommendation, Australia Post has stated that it will withdraw the application made pursuant to s.127 of the Act.
8.4 There are agreed communication processes and report back hearings to the Commission during the period of implementation and the trial. Either party is at liberty to apply to the Commission at short notice if there are disputed issues which arise from the implementation of the initiatives.
BY THE COMMISSION: COMMISSIONER
 | Database |