EBA6 - AUSTRALIA POST ENTERPRISE AGREEMENT 2004-2006 (Pre Ballot Version)
NOTE: This is the pre ballot version - version 6 Sept 2004
10.1 The following pay increases will be made to the salaries applicable to award classifications as at 8
August 2004 as reflected in the August 2004 Australia Post Human Resources Manual Rates of
Pay Booklet before the Agreement is certified from the following dates:
(a) Date of Effect Percentage Increase
9 August 2004 4%
Subsequent pay increases will be provided from the first pay period commencing on or after:
8 months after certification 2% 16 months after certification 2% 24 months after certification 2%
(b) These percentage increases will also apply to the allowances set out at Attachment B.
(c) The August 2004 Australia Post Human Resources Manual Rates of Pay Booklet will be exhibited at the time of certification of the Agreement.
10.2 Subject to achieving service performance of at least 94% in each State (as measured by KPMG) from the date of certification through to 31 December 2005, a bonus of $400 will be paid from the first pay period commencing on or after 22 March 2006. All employees will be expected to make every reasonable effort to support the achievement of the service performance target. The payment of this bonus will be subject to specific eligibility criteria which are detailed at Attachment D.
11. NO PROTECTED INDUSTRIAL ACTION
11.1 The parties further agree that they will not engage in protected action under section 170 ML of the Workplace Relations Act 1996 (the Act) to support or advance claims for any further certified agreement. This clause applies until a party to the Agreement initiates a bargaining period following the expiry of the Agreement (Clause 14.1 refers).
11.2 During the Term of the Agreement the parties agree that there will be no reduction in employee entitlements provided for in the time expired certified agreements listed at Attachment F.
11.3 Notwithstanding the provisions of clause 11.2, the parties agree that neither party will seek to terminate or vary the RRR Agreement in respect of any matter during the Term of the Agreement.
12.1 The parties to the Agreement recognise that there exists a mutual responsibility to work cooperatively
to resolve disagreements over workplace matters, as far as is practicable, at the
workplace level. Accordingly, in relation to the application of the Agreement, or any other industrial
dispute arising during the life of the Agreement, the parties commit themselves to:
(a) promptly addressing disagreements within the procedures set out below;
(b) discussing those disagreements in an open and honest way;
(c) seeking to resolve those disagreements wherever possible at the local level; and
(d) recognising the rights of an employee to be accompanied or represented by a person of
their choice, including a union representative, throughout the process.
Dispute Resolution Procedure
12.2 At any stage of the procedure an employee/s may be accompanied or represented by a person of their choice, including a union representative.
12.3 The parties agree that where disagreements arise, the following procedure will apply:
(a) the employee will discuss the matter with their immediate manager/supervisor. However, in circumstances where the matter may relate to the behaviour or actions of the immediate manager and it would be inappropriate to discuss the matter at that level, the employee may discuss the matter with the next highest level of management;
(b) if the matter is not resolved at that level within a reasonable timeframe, the employee concerned may arrange further discussions involving more senior levels of management or the union as appropriate;
(c) if the issue involves more than one employee, the employees involved, the union or the management may raise the issue at the level the parties consider appropriate.
Conciliation
(d) if the matter remains unresolved after points (a) to (c) above have been followed, it may be notified to the Australian Industrial Relations Commission (the Commission) for conciliation. Where such notification occurs at the State level, the National level will be immediately advised.
Arbitration
(e) if conciliation does not resolve the dispute, whether the dispute is about the application of
the Agreement or any other industrial dispute, the Commission may determine the matter
by arbitration. In exercising its arbitration powers the Commission will have regard to:
(i) the terms of this Agreement;
(ii) whether the impact on employees is harsh, unjust or unreasonable;
(iii) the conduct of the parties.
(f) in circumstances where the Commission is unable, for whatever reason, to arbitrate a dispute in accordance with sub-clause 12.3(e), the parties shall;
(i) request the Commission to conduct a private arbitration about the industrial dispute; or
(ii) consent to proceedings under section 111AA of the Workplace Relations Act 1996 on the basis that such proceedings will be conducted by way of evidence and formal submission leading to a decision and/or order.
The parties shall comply with the Commission's decision and/or order arising under sub-clauses 12.3(f)(i) or (ii).
(g) in addition to the other powers provided to the Commission under the Workplace Relations Act 1996, the conciliation and arbitration processes covered by sub-clauses 12.3(d), 12.3(e) and 12.3(f) will be subject to Sections 100-105 of the Workplace Relations Act 1996.
12.4 While the parties are attempting to resolve the matter, the employee will continue to work in accordance with the Agreement and his or her contract of employment, unless the employee has a reasonable concern about an immediate threat to his or her health or safety. In such circumstances and subject to Part 3, Division 3 Emergency Procedures of the Occupational Health and Safety (Commonwealth Employment) Act 1991, the employee must not unreasonably fail to comply with a direction by Australia Post to perform other available work that is appropriate for the employee to perform.
12.5 Sub-clause 12.3(e) and 12.3(f) will only operate until a party to the Agreement initiates a bargaining period following the expiry of the Agreement.
12.6 The parties agree that this dispute resolution clause will operate in place of counterpart clauses in expired Certified Agreements as set out in Attachment D of the Agreement. This subclause will only operate until a party to this Agreement initiates a bargaining period following the expiry of the Agreement.
13.1 A permanent employee may sacrifice salary for the purpose of superannuation and/or the acquisition by purchase (or other means) of a lap top computer package approved by Australia Post. Any salary sacrifice will require approval by Australia Post and must comply with taxation and other relevant laws and Australia Post policies and procedures and, where salary sacrifice is made to a Superannuation Fund, the Trust Deed requirements of that Fund. Details of any salary sacrifice arrangement must be in writing and signed by the employee and Australia Post.
13.2 Prior to engaging in any salary sacrifice arrangement, an employee is advised to obtain independent financial advice concerning the tax effectiveness of the arrangement.
14.1 The Agreement will operate on and from the date of certification by the Commission and will expire on 31 December 2006.
14.2 The Agreement replaces and wholly supersedes the Australia Post Enterprise Agreement 2001.
14.3 In addition to the matters covered in the Agreement, the parties agree that, with respect to the operation of Clause 12 (Dispute Resolution), the scope of the Agreement covers any industrial dispute arising during the life of the Agreement relating to the employees covered by the Agreement.
14.4 The parties agree that Australia Post will apply to terminate the Australia Post Enterprise Agreement 2001 with effect from the date of certification of the Agreement and the unions will consent to such application.
14.5 Subject to relevant legislative provisions, the Agreement overrides the operation of any other Award or Agreement to the extent of any inconsistency.
14.6 Australia Post may enter into an Australian Workplace Agreement ("AWA") with any employee
covered by the Agreement. However:
(a) no employee will be required to enter into an AWA for their existing job, or a job to which
they are transferred or promoted and will have the choice of accepting and rejecting the
AWA; and
(b) existing employees who are party to AWAs will, on expiry of those AWAs, have the choice
of accepting a subsequent AWA or returning to award conditions.
14.7 An AWA will operate to the exclusion of the Agreement or prevail over its terms to the extent of any inconsistency.
14.8 The parties agree that they will commence negotiations regarding the successor to the Agreement by no later than 30 September 2006.
15.1 The Agreement means the Australia Post Enterprise Agreement 2004.
15.2 Australia Post means the Australian Postal Corporation as defined under the Australian Postal Corporation Act 1989 (Cth.).
15.3 The Parties means the parties referred to in clause 16.1 of the Agreement.
15.4 Term means the term of the Agreement being from the date of certification to the date of expiry; notwithstanding the provision of section 170LX of the Workplace Relations Act 1996.
16.1 The Agreement is binding on:
(a) Australia Post;
(b) The following unions:
(i) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and
Allied Services Union of Australia (CEPU);
(ii) Community & Public Sector Union (CPSU);
(iii) Association of Professional Engineers, Scientists and Managers Australia
(APESMA); and
(iv) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
(AMWU).
(c) All employees of Australia Post in classifications specified in the following awards or any
successor awards:
(i) Australia Post Operations Award 1999;
(ii) Australia Post Administrative/Professional Award 1999; and
(iii) Australia Post Technical Award 1999.
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