1 TITLE

This Award shall be known as the Australia Post General Conditions of Employment (Interim) Award 1995. This Award is a paid rates award.

2 ARRANGEMENT

[See Index above]

3 PARTIES BOUND

This award shall be binding upon:
(a) The organisations named in Schedule A, their respective officers and members, being the claimant organisations; and (b) Australia Post, to the extent that, in another award, it is provided that the provisions of a clause or clauses of this award shall apply.

4 DEFINITIONS

In this Award "Australia Post" means the Australian Postal Corporation.
"Determination" means a determination made under section 89 of the Australian Postal Corporation Act 1989.
"Employee" means a person engaged under clause 11, unless otherwise provided in this award or another award.
"the Principal Determination" means the principal determination prescribing the terms and conditions of employment in Australia Post as varied from time to time.

5 DURATION

This award shall come into operation on 28 December 1995 and remain in force for a period of twelve months.

6 INCONSISTENCY

(a) This award shall be read in conjunction with determinations made from time to time under the Australian Postal Corporation Act 1989.
(b) Where a determination is inconsistent with the provisions of this award, the latter shall prevail.

7 RESERVATIONS

Leave is reserved to all parties to make application to vary this award during its currency.

8 PREVIOUS AWARDS

This award supersedes in its entirety the Australia Post General Conditions of Employment Award 1989.

9 SAVINGS

Nothing in this award shall operate, in itself, to reduce the rates of pay or conditions of employment which existed immediately prior to or at the date of its making.

10 ENTERPRISE FLEXIBILITY PROVISION

(a) The parties are committed to co-operating positively to increase the efficiency, productivity and competitiveness of Australia Post and to enhance the career opportunities and job security of employees.

(b) (i) Australia Post may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training, consistent with the relevant classification structure and work level standards.

(ii) Any such direction shall be consistent with Australia Post's responsibility to provide a safe and healthy work environment.

(c) (i) Subject to (iii), arrangements shall be made at each facility or workplace for the establishment of joint union/management consultative processes to consider matters raised by management, employees and unions consistent with sub-clause (a).
(ii) Matters which may be considered in this context shall include the implementation of new structures, training, job redesign, working patterns and arrangements and any proposed changes raised under sub-clause (d).
(iii) In establishing the consultative process for a facility or workplace, due regard shall be had to the size, structure and needs of the workplace and the provision for the establishment of consultative mechanisms outlined in the "Joint Statement of Understanding" at Schedule C.

(d) Without limiting the rights of the parties under the Industrial Relations Act 1988, consideration may be given under these consultative processes to changes in award provisions. Implementation of any agreements to change an award provision shall be subject to the following requirements:
(i) the change sought shall not affect provisions reflecting national standards, including Equal Employment Opportunity and Occupational Health and Safety requirements.
(ii) the majority of employees affected by the change at the facility or workplace must genuinely agree to the change;
(iii) the change shall not affect the employee's entitlement to ordinary hours earnings;
(iv) any agreement reached at the facility or workplace level on award changes shall be subject to the agreement of the parties at the National level, but such agreement shall not be withheld unreasonably;
(v) the change will be implemented by certified agreement under the provisions of the Industrial Relations Act 1988.

11 EMPLOYEES

(a) Subject to this award, Australia Post may engage such employees as are necessary for the performance of its functions. The engagement of an employee is subject to the person satisfying the prescribed medical assessments as to health and physical fitness.

Permanent Employees

(b) (i) Australia Post may engage a person as a permanent employee on a full-time or part-time basis subject to the person meeting the prescribed character checks.
(ii) The engagement of a person, under this sub-clause, shall be on probation for a period of six months, unless otherwise agreed between the parties. The probation period may be extended, if necessary, up to a maximum of 12 months.
(iii) An employee remains on probation until the engagement is confirmed or terminated in accordance with this sub-clause.
(iv) Australia Post may terminate the engagement at any time during the probationary period on the grounds of unsatisfactory service subject to one week's notice or payment in lieu thereof.
(v) Where the appointment of a probationary employee is terminated under clause 11 (b) (iv), the probationer may seek a review of the decision by a Board of Reference. Such application for review must be lodged within 14 days of the notice of termination of employment in accordance with procedures established by Australia Post.

(vi) At the end of the probationary period, engagement as a permanent employee shall be confirmed if the employee:
(1) possesses the prescribed educational qualifications or meets such other requirements as may be specified; and
(2) has achieved a satisfactory report concerning conduct, diligence and efficiency; and
(3) meets the requirements of sub-clause (b)(i).

(vii) Subject to this award, an employee is entitled to retire from employment on or after attaining the age of 55 years.

Fixed Term Employees

(c) (i) Australia Post may engage a person for a fixed-term, on a full-time or part-time basis.

(ii) If, at the end of a fixed-term engagement, the period of continuous employment has exceeded twelve months, Australia Post shall engage the person as a permanent employee or terminate the employment contract, unless otherwise agreed between Australia Post and the relevant union in relation to a fixed term engagement to replace an employee on parental or other family related leave.

(iii) Subject to paragraph (iv), a fixed-term employee shall be entitled to a period of notice of termination of engagement as prescribed by the Industrial Relations Act 1988, if the termination of engagement is to occur before the expiry of the period fixed by the terms of engagement. When notice is not given, payment shall be made in lieu of notice.

(iv) Australia Post may terminate the services of a fixed term employee at any time on the grounds of unsatisfactory service subject to the minimum period of notice as prescribed by the Industrial Relations Act 1988 or payment in lieu thereof.

Casual Employees

(d) (i) Australia Post may engage a person as a casual employee; a person so engaged shall be employed and paid as such.

(ii) The maximum continuous period for which a casual employee shall be engaged is one month, provided that the parties may agree on a longer period for Christmas arrangements.

12 PERMANENT/FIXED TERM EMPLOYEES - CONDITIONS OF SERVICE

(a) Unless otherwise specified, the conditions of service prescribed by this award apply to permanent and fixed term full- time employees. (b) The conditions of service and provisions relating to permanent and fixed term part-time employees are prescribed in Schedule B.

13 CASUAL EMPLOYEES - CONDITIONS OF SERVICE

(a) A casual employee shall be paid the normal hourly rate applicable to a permanent employee of the same classification plus a loading of 22.5%.

(b) A casual employee shall be paid overtime if the daily hours exceed 7 hours 21 minutes. The overtime shall be paid at the overtime penalty rate applicable to full- time staff on that day.

(c) Casual staff are entitled to the same ordinary duty penalties as apply to permanent staff for duty on the particular day. Such penalties would be in addition to the 22.5% loading on the normal hourly rate.

(d) Except to the extent provided in this clause and clause 11, the provisions of this award do not apply to casual employees.

14 RECRUITMENT, SELECTION AND TRAINING

(a) Recruitment

(i) Employees shall be recruited in accordance with Australia Post's Staff Recruitment Policy, as varied from time to time following consultation with the Unions, which provides for:-

(1) the development of recruitment strategies to the varying needs of State Administrations;
(2) flexibility in the parameters within which such strategies can be developed;
(3) the devolution of accountability for recruitment to Facility Managers.

(ii) Australia Post shall hold available at each respective work place information relating to recruitment procedures relevant to classifications employed at that work place.

(b) Selection

(i) The selection of employees for positions shall be in accordance with procedures determined by Australia Post, following consultation with unions.
(ii) Australia Post shall hold available at each respective work place information relating to selection procedures relevant to classifications employed at that workplace.

(c) Training

(i) Australia Post shall provide employees with training relevant to the duties to be performed.
(ii) Information outlining such training shall be held available at each workplace.

15 DISPUTE AVOIDANCE AND SETTLEMENT

(a) Where any employee or group of employees is dissatisfied about an employment matter, it shall be dealt with in accordance with the procedures outlined in the Joint Statement of Understanding at Schedule C.

(b) Where the consultative processes outlined in the Joint Statement of Understanding fail to settle a dispute relating to an employment matter, the parties agree to refer the matter to the Australian Industrial Relations Commission (AIRC) and will abide by any recommendation made by the AIRC in settlement of the dispute.

16 EMPLOYEE CONDUCT

(a) Australia Post shall ensure that employees are made aware of the general standards of behaviour and performance expected of them.

Code of Conduct

(b) In the ordinary course of duty, employees are expected to:
(i) display skill, care and diligence;
(ii) comply with oral and written directions in relation to their work given by persons authorised to give such directions;
(iii) be punctual and reliable in their attendance;
(iv) observe safe working practices;
(v) treat members of the public, customers and fellow employees with proper courtesy;
(vi) respect the property of Australia Post, fellow employees, customers and members of the public;
(vii) comply with the requirements of the Australian Postal Corporation Act 1989 in relation to non-disclosure of the contents of articles in the course of post;
(viii) comply with the prescribed terms and conditions of their employment.

(c) Without limiting the generality of sub-clause (b), an employee shall:
(i) adhere to the nominated hours of duty;
(ii) record attendance in the manner prescribed;
(iii) notify inability to attend for duty in accordance with the prescribed requirements;
(iv) not be absent from duty without specific authority;
(v) promptly, correctly and in a safe and proper manner carry out the duties required to be performed;
(vi) not open or interfere with any article in the course of post, unless authorised to do so by Australia Post or the addressee;
(vii) not suppress or steal monies belonging to Australia Post or its staff or customers;
(viii) behave in a courteous manner towards fellow employees, customers and members of the public;
(ix) not solicit or seek gifts or presents from members of the public for the performance of normal duty;
(x) not make false declarations in connection with employment;
(xi) not engage in outside employment without the specific approval of Australia Post.

Discipline

(d) Subject to this clause and notwithstanding anything else contained in this award, Australia Post shall have the right to dismiss an employee or to transfer an employee to another position of the same or a lower classification for conduct which warrants such action, including:

(i) misconduct or wilful neglect of duty;
(ii) incompetence or inefficiency for reasons within the employee's control;
(iii) failure to observe the Code of Conduct.

(e) In exercising the right in sub-clause (d), Australia Post shall not take action which is harsh, unreasonable, unjust or unfair.

(f) Except where behaviour constitutes serious and wilful misconduct, Australia Post shall ensure that:

(i) employees are counselled and/or given a warning in order to assist them to maintain acceptable standards of behaviour and performance;
(ii) no employee is dismissed or transferred for a first breach of the Code of Conduct.

(g) An employee may be suspended pending a decision as to the action to be taken under sub-clause (d) and such suspension shall be with pay, except where criminal proceedings are pending in which case the suspension may be without pay.

(h) Australia Post shall furnish written advice to an employee of a decision under sub-clause (d) and of reasons for the decision together with details of the procedures for lodging an application for review.

(i) Where transfer or dismissal under sub-clause (d) is considered to have been harsh, unreasonable, unjust or unfair, the employee concerned may submit an application for review of the decision by a Board of Reference. Any such application must be lodged within 14 days of the transfer or dismissal, in accordance with procedures established by Australia Post. Board of Reference

(j) For the purpose of sub-clause (i), a Board of Reference shall be appointed by the Industrial Registrar of the Australian Industrial Registry.

(k) A Board of Reference shall be constituted by a Chairperson as may be agreed upon by the parties or, where the parties are unable to agree, as nominated by the Industrial Registrar.

(l) A Board of Reference shall seek to resolve any application for review submitted to it, having regard to whether the decision was harsh, unreasonable, unjust or unfair.

(m) A Board of Reference, in reviewing a decision in relation to which an application is made:

(i) may inform itself in such manner as it thinks fit;
(ii) has discretion as to the procedures to be followed;
(iii) is not bound by the rules of evidence;
(iv) shall proceed without regard to legal form.

17 INABILITY OR INCAPACITY

(a) If an employee is found to be inefficient or incompetent, or unable to discharge or incapable of discharging the duties applicable to the employee's position, Australia Post may:

(i) transfer the employee to another position having the same classification whether in the same or a different locality; or
(ii) reduce the employee to a position with a lower classification; or
(iii) retire the employee from Australia Post.

(b) An employee affected by a decision under clause 17 (a) may apply, within 14 days of receipt of notice of the decision, for a review of that decision by a Board of Reference.

(c) A Board of Reference shall seek to resolve any application for review submitted to it, having regard to whether the decision was harsh, unreasonable, unjust or unfair.

(d) A Board of Reference, in reviewing a decision in relation to which an application is made:
(i) may inform itself in such manner as it thinks fit;
(ii) has discretion as to the procedures to be followed;
(iii) is not bound by the rules of evidence;
(iv) shall proceed without regard to legal form.

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18 HOURS OF DUTY - FACILITATIVE PROVISIONS

(a) The October 1992 Australia Post Enterprise Agreement provides for the award prescription of facilitative provisions to allow for greater flexibility with hours of duty / rostering arrangements within parameters defined in sub-clause (b) below. These facilitative provisions shall operate only in agreed facilities in conjunction with standard relevant award provisions that cover employees and are subject to the conditions outlined in sub-clause (c) below.

(b) (i) The ordinary hours of duty of employees shall not exceed 363/4 hours per week or an average thereof provided that the weekly hours for day workers can be averaged over a cycle of no longer than 4 weeks.
(ii) The ordinary hours of duty of day workers shall be between the hours of 6.30am and 6pm.
(iii) Ordinary hours of duty shall be worked on an average of no more than 5 attendances per week over a cycle.
(iv) Ordinary hours of duty on any one day shall not be less than six and shall not exceed ten.

(c) (i) The majority of employees directly affected by the proposed change must genuinely agree to the change;
(ii) both management and the union at the State level will be given a minimum of 14 days notice in writing of the proposed change before implementation;
(iii) neither management nor union shall unreasonably oppose any agreement;
(iv) any party involved can review arrangements established under these facilitative provisions and can, subject to an appropriate period of notice, withdraw their agreement;
(v) any changes must comply with national standards, including E.E.O. and O.H & S.

19 MAKE UP TIME

(a) An employee may elect, with the consent of Australia Post, to work make up time under which the employee takes time off ordinary hours, and works the time taken off at a later time, during the spread of ordinary hours applicable to the employee, at ordinary rates.

20 STRETCH OF SHIFT

Employees whose ordinary hours of duty, broken or unbroken, exceeds 10 hours in the case of Mail Officers, or 12 hours in the case of other employees shall be paid at ordinary rates of pay, in addition to salary, (but not in addition to overtime) for all time actually worked beyond the said period of 10 or 12 hours as the case may be.

Provided that, in cases where Postal Delivery Officers begin work before 6am and their stretch of shift exceeds 11 hours, the additional payment shall be made in respect of all time actually worked in excess of the said 11 hours.

21 INTERVAL BETWEEN SHIFTS

Shifts shall be arranged so that an employee has a minimum break of 10 hours continuously off duty between shifts:

Provided that this clause shall not operate in cases of emergency certified by the officer-in-charge and notified to the employees concerned by posting up the same in some convenient place, nor in cases of regular change over of shifts.

22 EXCHANGE OF SHIFTS - FURNISH OF SUBSTITUTE EMPLOYEE

(a) An employee may exchange duties or shifts, subject to the approval of the manager.

(b) An employee who has conscientious scruples against attending for duty on a day of religious observance may apply for permission to furnish a substitute employee.

23 MEAL BREAK

An employee shall not be employed for more than 5 hours continuously without being granted a meal break of not less than 30 minutes nor more than 75 minutes, provided that:

(a) by mutual agreement between the majority of employees at a facility and Australia Post a longer period for the meal break may be arranged;

(b) Retail staff, as far as practicable, shall be granted a meal break between 12 noon and 2.00pm.