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OBSERVERS AND REPRESENTATION

In a breakthrough at the AIRC, Post now agree that delegates (AURs) can speak and can support members in disciplinary proceedings. While some Managers allowed this, a few did not, and these few caused us to begin this campaign to protect our members. The AIRC has issued the new ruling. It is a consent agreement formalised by SDP Drake. As this is an import achievement we provide links and a text version below.

Download Official Version


AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996 s.170LW application for settlement of dispute

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Australia Post

(C2006/2073)

AUSTRALIA POST ENTERPRISE AGREEMENT 2004 (AG2004/7918}) [PR953627]

Postal services

SENIOR DEPUTY PRESIDENT DRAKE SYDNEY, 14 AUGUST 2006

Operation of Clause 6.2.5(a) of Section 6 of the Employee Counselling and Discipline Policies and Procedures

STATEMENT

1. The parties have been in co-operative negotiation for some time to endeavour to settle differences that have arisen in practice regarding the operation of clause 6.2.5(a) of Section 6 of the Employee Counselling and Discipline Policies and Procedures.

2. A resolution has been reached and the parties have issued a joint Statement which I have attached.

3. I wish to congratulate the parties and their representatives on their attitude to the process and the outcome.

BY THE COMMISSION:
SENIOR DEPUTY PRESIDENT


STATEMENT

THE ROLE OF OBSERVERS (SUPPORT PERSON) [C2006/2073]

The Operation of Clause 6.2.5(a) of Section 6 of the Employee Counselling and Discipline Policies and Procedures

1. There has been some intermittent disputation before the Australian Industrial Relations Commission involving clause 6.2.5a of Section 6 of Australia Post HR Policies and Procedures.

2. At a meeting between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Australia Post chaired by Senior Deputy President Drake of the Australian Industrial Relations Commission, it became apparent, that despite these notifications there was a common understanding between the parties as to how that part of Section 6 was intended to be applied.

3. For the benefit of the parties regarding the application of the policy, it has been agreed between the CEPU and Australia Post, in consultation with Senior Deputy President Drake, that a joint statement regarding that common understanding of the parties would be published.

4. It is pre-eminent in Australia Post's priorities that direct contact between the employer and the employee occurs on all of these occasions and that the employee directly responds.

5. The role of the observer is to support the employee. To that extent it is not passive. The role of an observer at an interview, at counselling or at an enquiry is not intended to be that of an advocate. An observer present on such occasions is not there to answer a question on behalf of an employee when that employee can properly answer the question themselves. On the other hand an observer is not a person who must be seen and not heard. There are many circumstances in which an observer can add to the process to the benefit of the fellow employee or member of the union and the employer, without becoming an advocate/representative, and thereby removing the direct contact which Australia Post considers desirable between the employer and the employee.

6. An observer will act in an appropriate and proper manner limited to the provision of support to the relevant employee and will not be disruptive or obstruct the process. The interview, counselling or enquiry is not the appropriate venue to address general industrial concerns regarding the disciplinary processes of Australia Post.

7. An observer will have the opportunity to assist the process after the employee has first had the opportunity to respond to all allegations directly, unless the observer is only requesting that the employee has a copy of the material relevant to the matter under review.

8. Within the common understanding of the parties regarding the application of clause 6.2.5(a) an observer can properly do the following things without changing the nature of the interview, counselling session or enquiry:

(a) add any information overlooked by the employee which might include matters in mitigation relevant to the employee;

(b) add any information known to the observer independently or otherwise;

(c) put any background information to the employer;

(d) ask questions of the employee which might elicit helpful information from the employee beneficial to both the employee and the employer;

9. This list is not meant to be all inclusive. The circumstances affecting each member or employee might differ substantially and the level of assistance required might differ accordingly.

10. Any enquiries concerning the role of an observer and this statement should be directed to the Divisional Human Resources Advisor.



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