45 RECOGNITION OF PRIOR PUBLIC EMPLOYMENT

(a) Continuous employment with one or more other public employers may be regarded as service with Australia Post for sick leave purposes:
Provided that in respect of permanent employees, employment shall be regarded as continuous if any break in public employment does not exceed two months.

(b) Public employer in this clause has the same meaning as public employers who are covered by the prior service provisions of the Long Service Leave (Commonwealth Employees) Act 1976.

46 BEREAVEMENT LEAVE

Subject to the discretion of Australia Post to grant leave of absence under this clause, an employee shall be entitled to a maximum of 3 days leave of absence on the occasion of the death of a spouse, defacto spouse, parent, brother, sister, child, grandparent or parent in law of the employee.

47 INDUSTRIAL TRIBUNAL LEAVE

(a) Leave of absence shall be granted to members of the claimant organisations required to attend any proceedings under the Industrial Relations Act 1988, as may be amended from time to time, on the following conditions:
(i) leave shall not be granted to more than two representatives of an organisation at one time in respect of any one such proceeding;
(ii) leave for conduct of a case shall be without deduction from ordinary pay;
(iii) leave for preparation of a case shall be without pay and shall not exceed three months in any twelve months.

(b) Leave without deduction from ordinary pay shall be granted to any member of the claimant organisations who appears as a witness in proceedings under the Industrial Relations Act 1988, as may be amended from time to time. The leave shall be only for such time as that member is necessarily absent from duty attending as a witness.

(c) Leave granted under this clause shall count for all purposes as period of service.

48 TRADE UNION TRAINING LEAVE

(a) Leave of absence shall be granted to members of the claimant organisations to attend short trade union training courses or seminars on the following conditions:
(i) Australia Post's operating requirements permit the grant of leave;
(ii) the scope, content and level of the short courses are such as to contribute to a better understanding of industrial relations;
(iii) the leave of absence shall be without deduction from ordinary pay;
Provided that where the course is conducted in accordance with the Australia Post Occupational Health and Safety Agreement, the provisions of sub-clause 34 (d) shall apply; and
(iv) the leave of absence shall count as service for all purposes.

(b) For the purposes of this clause, trade union training courses or seminars include courses which are:
(i) conducted by or with the support of the Trade Union Training Authority; or
(ii) conducted by or under the auspices of a staff organisation or confederation;
the scope, content and level of which contribute to a better understanding of industrial relations.

49 STUDY ASSISTANCE

Study assistance may be granted in the areas outlined below to an approved student in accordance with the Principle Determination;
- leave to attend lectures;
- reimbursement of fees;
- examination leave.

50 JURY DUTY

(a) An employee summoned as a juror shall promptly notify the appropriate supervisor and shall be granted leave of absence on full pay for the period necessary for the attendance at court.

(b) An employee shall pay to Australia Post so much of any jury fees received less costs necessarily incurred as Australia Post considers reasonable.

51 PARENTAL LEAVE

Subject to the terms of this clause, employees are entitled to Maternity, Paternity and Adoption leave and to work part-time in connection with the birth or adoption of a child.

Maternity Leave

(a) An employee is entitled to Maternity Leave in accordance with the Maternity Leave (Australian Government Employees) Act 1973.

Paternity Leave

(b) (i) An employee is eligible for leave without pay for up to 52 weeks during the 66 weeks after the birth of a child of a spouse. The leave may be taken as a continuous period, or as several periods of leave broken by periods of duty during the 66 weeks:
Provided that where both parents are employed by Australia Post and wish to share parental leave, both will be eligible for leave during the period of 66 weeks after the birth of their child, subject to the combined periods of leave not exceeding 66 weeks. (ii) The granting of leave under this sub-clause is subject to the employee providing appropriate notice of leave in accordance with arrangements agreed between the parties.
(iii) For the purpose of this sub-clause, spouse includes a defacto spouse.

Adoption Leave

(c) (i) An employee who has adopted a child is eligible for leave without pay for up to 52 weeks during the 66 weeks after the employee has taken custody of the child. The leave may be taken as a continuous period, or as several periods of leave broken by periods of duty during the 66 weeks.
Provided that where both adopting parents are employed by Australia Post and wish to share the leave for adoption purposes, the combined leave of both parents shall not exceed 66 weeks.
(ii) The granting of leave under this sub-clause is subject to the employee providing appropriate notice of leave in accordance with arrangements agreed between the parties.

Part-Time Employment

(d) (i) With the agreement of Australia Post:
(1) A male employee may work part-time in one or more periods at any time from the date of birth of the child until its second birthday or, in relation to adoption, from the date of placement of the child until the second anniversary of the placement.
(2) A female employee may work part-time in one or more periods while she is pregnant where part-time employment is, because of the pregnancy, necessary or desirable.
(3) A female employee may work part-time in one or more periods at any time from the seventh week after the date of birth of the child until its second birthday.
(4) In relation to adoption, a female employee may work part- time in one or more periods at any time from the date of the placement of the child until the second anniversary of that date.

(ii) For the purposes of this sub-clause, spouse includes a defacto spouse.

Entitlements

(iii) Subject to the provisions of this sub-clause and the matters agreed to in accordance with paragraph (iv) hereof, part- time employment shall be in accordance with the standard conditions available to permanent part-time staff.

Part-time Work Agreement
(iv) (1) Before commencing a period of part-time employment under this sub-clause the employee and Australia Post shall agree:
(A) that the employee may work part-time;
(B) upon the hours to be worked by the employee, the days upon which they will be worked and commencing times for the work;
(C) the work to be performed; and
(D) upon the period of part-time employment.

(2) The terms of the agreement may be varied by consent.

(3) The terms of the agreement or any variation to it shall be reduced to writing and retained by Australia Post. A copy of the agreement and any variation to it shall be provided to the employee by Australia Post.

(4) The terms of the agreement shall apply to the part-time employment.

Extension of Hours of Work

(v) Australia Post may request, but not require, an employee working part-time under this clause to work outside or in excess of the employee's ordinary hours of duty provided for in accordance with paragraph (d) (iv).

Inconsistent Provisions

(vi) An employee may work part-time under this clause notwithstanding any other provisions of this award or agreement between the parties which limits or restricts the circumstances in which part-time employment may be worked or the terms upon which it may be worked including provisions requiring consultation with, consent of or monitoring by a union. Such provisions do not apply to part-time work under this clause.

Replacement Employees

(vii) (1) A replacement employee is an employee specifically engaged as a result of an employee working part-time under this sub-clause.

(2) A replacement employee may be employed part- time. Subject to this paragraph, paragraphs (d) (iii), (iv), and (vi) of this sub-clause apply to the part-time employment of a replacement employee.

(3) Before a replacement employee is engaged under this paragraph, Australia Post shall inform the person in writing of the temporary nature of the employment and of the rights of the employee who is being replaced.

(4) Nothing in this sub-clause shall be construed as requiring Australia Post to engage a replacement employee.

52 VACANCIES

(a) Subject to this award, Australia Post may engage a person, or transfer or promote an employee to fill a vacant position.

(b) In the selection of an employee for promotion to a vacant position, consideration shall be given to the relative efficiency of the employees available for promotion.

(c) The promotion of an employee is provisional pending confirmation and is subject to appeal as provided in Clause 54 (Appeals).

(d) Australia Post may cancel a provisional promotion before the promotion has been confirmed and, in which case, any appeals in respect of the promotion shall be discontinued.

53 TEMPORARY PERFORMANCE

(a) Australia Post may direct an employee occupying one position to perform temporarily the whole, or such part as is specified, of the duties of another position.

(b) Where in directing an employee to perform temporarily the duties of a position it is necessary to choose between 2 or more employees of lower classification, the employee to whom the direction is given shall be the more, or most efficient employee available.

(c) The selection of an employee under sub-clause (b) is subject to appeal as provided in Clause (54 Appeals).

54 APPEALS

(a) Except by agreement between the relevant parties to this award, and subject to this clause, a permanent employee may appeal to the Promotions Appeal Board against:

(i) the provisional promotion of another employee, provided the appellant is of a lower classification than the position to which the promotion was made;
(ii) a direction for temporary performance to another employee, provided the appellant is available and both employees are of lower classification than that prescribed for the duties to be performed; or
(iii) the selection of another employee to undertake a course of training at the completion of which an employee is promoted, other than where the selection is based solely on the result of a competitive examination.

(b) The grounds for an appeal shall be superior efficiency.

(c) Appeals in relation to paragraphs (a)(i) and (iii) must be received by the Promotions Appeal Board within 14 days of notification of the provisional promotion or selection, as appropriate.

55 PROMOTIONS APPEAL BOARDS

(a) Australia Post shall arrange for the establishment of such Promotions Appeal Boards as are required for the purposes of Clause 54 (Appeals).

(b) The function of a Promotions Appeal Board shall be to hear and determine appeals in accordance with procedures agreed between the parties.

(c) A Promotions Appeal Board shall exercise its power having regard to the principles of natural justice, including procedural fairness.

(d) Australia Post shall take such action as is necessary to give effect to a determination made by a Promotions Appeal Board.

Constitution

(e) A Promotions Appeal Board shall be constituted by:
(i) a Chairperson, being a person selected in accordance with procedures agreed between Australia Post and the principal unions covering employees within Australia Post;
(ii) an employee nominated by Australia Post for the purpose of the appeal; and
(iii) a person nominated by the appropriate staff organisation as defined in sub-clause (f).

Appropriate Organisation

(f) For the purposes of paragraph (e)(iii), the appropriate organisation is:
(i) in relation to an appeal against a provisional promotion or a temporary transfer to a position classified at a level identified in column 1 of Schedule G - the organisation identified in column 2 of the Schedule; or
(ii) in relation to an appeal against a provisional promotion or a temporary transfer to a position classified at a level other than one appearing in column 1 of Schedule G - the organisation nominated by Australia Post.

Attendance by Employees

(g) An employee who is a member of a Promotions Appeal Board shall be regarded as on duty for the time necessarily involved in the hearing and determination of an appeal. (h) An employee who is required to attend a Promotions Appeal Board hearing shall be released from duty without loss of pay for the time necessarily involved in attending the hearing.

56 CANDIDATES FOR ELECTION

(a) An employee who:
(i) resigned from Australia Post to become a candidate for election as a member of a House of Parliament of Australia or of a State, of the Legislative Assembly for the Australian Capital Territory or of the Legislative Assembly for the Northern Territory;
(ii) resigned not earlier than one month before the date on which nominations for the election closed;
(iii) was a candidate at the election and failed to be elected; and
(iv) applied, within two months after the declaration of the result of the election, to rejoin Australia Post's employment, shall be re-employed at a classification and salary equivalent to the classification and salary that applied immediately before the date upon which the resignation took effect.

(b) The period of absence does not count as service for any purpose except for sick leave, but does not break continuity of service for long service leave.

57 EXCESS FARES

An employee on temporary duty away from the employee's head station shall be paid an allowance equal to any excess costs incurred in travelling between the employee's residence and the temporary station.

58 HIGHER DUTIES ALLOWANCE

Higher Duties Allowance Payment Rate

(a) An employee who performs all the duties of a higher position shall be paid an allowance to raise salary to the rate that would have been received had the employee been promoted to the level.

(b) An employee in receipt of a higher duties allowance is eligible for the same incremental advancement as would apply to an employee promoted to the level.

(c) A period during which an employee is in receipt of higher duties allowance shall count for incremental purposes:

Provided that previous higher level service which is not continuous can only be counted for incremental purposes to the extent that it satisfies the "12 in 24 months, 24 in 48 months, etc" principles.

(d) An employee performing only part of the duties of the higher position may be paid such allowance as Australia Post determines.

(e) An allowance granted under this clause shall be regarded as salary for the purposes of calculating penalty payments and excess travelling time.

Eligibility

(f) Staff cannot be paid higher duties allowance unless the period is at least 1/2 a day (continuous) provided that any continuous periods between 1/2 a day and a day shall be regarded as 1 full day for payment purposes.

Payment During Leave

(g) An employee in receipt of higher duties allowance who proceeds on paid leave shall continue to be paid the allowance to the extent that certification is given that the allowance would have been paid but for the grant of leave.

(h) An employee who has received an allowance in respect to acting in an unbroken series of higher positions up to the time of proceeding on leave with pay, shall continue to receive an allowance during the leave to the extent that Australia Post certifies that the allowance would have been paid in respect of acting in any one of those positions but for the granting of leave.

(i) Where an employee has performed higher duties in an isolated district for at least 12 months in the preceding 2 years and is in receipt of higher duties allowance in that district at the date of commencing recreation leave and is not returning to the isolated district at the conclusion of that leave, the employee shall continue to receive the allowance during that recreation leave.

59 DEPENDANT ALLOWANCE

(a) An employee under 21 years of age who has a wholly or substantially dependent spouse and/or child and whose salary is below the rate specified at Item 1 of Schedule F shall be paid an allowance to raise the employee's salary to that amount.

(b) For the purpose of this clause, spouse includes a defacto spouse.

60 DISTRICT ALLOWANCE

An employee who lives and works in a prescribed remote locality shall be paid a District Allowance in accordance with the Principle Determination.

61 PRIVATE MOTOR VEHICLE ALLOWANCE

An employee who is authorised to use a private motor vehicle for official purposes or in circumstances in which Australia Post would otherwise meet the cost of the journey shall be entitled to be paid a distance allowance determined in accordance with the Principal Determination.

62 TRAVELLING ALLOWANCE

(a) An employee who is required to be away overnight whilst:
(i) travelling on duty;
(ii) travelling on transfer in any of the circumstances described in Clause 66 (Headquarters Relocation Allowance);
(iii) carrying out duties at another place by direction of an authorised officer; or
(iv) in other circumstances approved by Australia Post;
shall be entitled to payment of travelling allowance as prescribed in the Principal Determination.

(b) (i) An employee who is required to be away from the employee's headquarters or temporary headquarters when the absence does not extend overnight shall be entitled to claim a special travelling allowance for a part day absence to meet the additional expenses incurred other than for travel.
(ii) The rates and conditions of payment of special travelling allowance for a part day absence shall be as prescribed in the Principal Determination.

63 FIRST AID ALLOWANCE

Employees appointed as first aid attendants shall be paid an allowance at the relevant rate specified at Item 3 in Schedule F.

64 INTERMITTENT DRIVING ALLOWANCE

(a) This clause applies to an employee who is in receipt of a rate of salary less than the maximum payable to a Postal Transport Officer.

(b) An adult employee who is required to drive a motor vehicle or a fork lift on any day or part day shall be paid an allowance to raise salary for that day to the appropriate point within the salary range referred to in sub-clause (a). The determination of the appropriate point within that range shall be subject to the normal rules for the payment of higher duties allowance.

(c) For the purpose of this clause an adult employee is an employee who is in receipt of a rate of pay prescribed for adults.

(d) Except for an employee covered by sub-clause (c), a junior employee who is required to drive a motor vehicle or a fork lift on any day or part of a day shall be paid such an allowance as is necessary to raise salary for that day to an amount equivalent to the appropriate percentage specified for the age in Table 2 of Schedule D (Junior Rates) of the minimum salary payable to a Postal Transport Officer.

65 TONNAGE ALLOWANCE

An employee who is required to drive a motor vehicle of one of the types described at Item 4 of Schedule F shall be paid, in addition to salary, an allowance at the rate prescribed opposite thereto for each day or portion thereof while the vehicle is driven on a public carriageway.

66 HEADQUARTERS RELOCATION ALLOWANCE

An employee whose headquarters is transferred to a new location may be granted a Headquarters Relocation Allowance in accordance with the conditions prescribed in the Principal Determination.

67 TRANSFER COSTS

(a) This clause applies to an employee who is transferred from one locality to another:
(i) in the interest of Australia Post;
(ii) in the ordinary course of promotion;
(iii) on account of illness of such a nature as to justify the transfer;
(iv) after a residence of three or more years in a prescribed isolated locality or a locality where climatic conditions are severe; or
(v) to fill a vacancy in a place described in paragraph (iv);

where the transfer necessitates a change of residence.

(b) An employee to whom this clause applies shall be entitled to have paid by Australia Post:
(i) the cost of conveyance of the employee and the employee's dependants; and
(ii) the cost reasonably incurred by the employee in removing furniture and household effects and those of the employee's dependants, from the locality at which the employee resided immediately before the transfer to the new locality.

(c) The calculation of the costs to be reimbursed under this clause shall be made in accordance with the Principal Determination.

(d) An employee who establishes an entitlement to transfer expenses under this clause may be reimbursed prescribed legal and other costs associated with the sale of the employee's principal private residence at the former location and the purchase of a residence at the new location provided the conditions prescribed in the Principal Determination are satisfied.

68 TEMPORARY ACCOMMODATION ALLOWANCE

An employee who has been transferred or promoted from one locality to another and who is unable to obtain suitable permanent or long- term accommodation at the new locality may be paid a Temporary Accommodation Allowance as prescribed in the Principal Determination.

69 LIVING AWAY FROM HOME ALLOWANCE

An employee who is:
(i) less than 21 years of age;
(ii) required to live away from home in rented accommodation or under board and lodging conditions; and
(iii) is receiving a salary below the salary specified at Item 5 in Schedule F,
shall be paid an allowance to raise salary to that level.

70 NOTICE BOARDS

The claimant organisations shall be granted reasonable access to Australia Post notice boards for the display of notices of or relating to their affairs authorised by an appropriate National or Branch official. Australia Post may forbid any offensive notice or cause it to be removed.

71 DEDUCTIONS FROM SALARIES OF RENT FOR QUARTERS

An employee occupying a building for the purpose of residence which belongs to or is leased by Australia Post, and without an incidental obligation of supervision or general control over personnel or property, shall pay such rent, and be subject to such conditions of occupancy, as determined by Australia Post.
Provided that where the employee is occupying the whole or part of such a building as a residence and is also required to supervise or exercise general control over personnel or property, Australia Post may direct that a fair and reasonable sum, not exceeding 10 per cent of the minimum salary of the employee's position, shall be chargeable and deducted from salary as rent.

72 ACCIDENTS

(a) An employee who sustains physical injury while on duty or whilst travelling to or from work will be paid in accordance with the conditions prescribed in the Principal Determination. (b) Where an employee sustains physical injury under such circumstances whereby Australia Post regards the action of the employee as so meritorious in the public interests as to warrant special consideration, such employee shall be granted leave of absence under the conditions prescribed in the Principal Determination. (c) Nothing in this clause shall take away or reduce the rights of employees under the Commonwealth Employees Rehabilitation and Compensation Act 1988, as may be amended from time to time, but no employee shall be entitled to receive benefits under this clause and under the Act at the same time.

73 ANTI-DISCRIMINATION

1. It is the intention of the respondents to this award to achieve the principal object in section 3(g) of the Industrial Relations Act 1988 by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

2. Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

3. Nothing in this clause is to be taken to affect:

3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;
3.2 until 22 June 1997, the payment of different wages for employees who have not reached a particular age;
3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any state or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; or
3.4 the exemptions in sections 170DF(2) and (3) of the Act.