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EBA6 - AUSTRALIA POST ENTERPRISE AGREEMENT 2004-2006 (Pre Ballot Version)

NOTE: This is the pre ballot version - version 6 Sept 2004

Attachment A - EBA6 Conditions of Service

1. Promotion/Temporary Performance Appeal Rights

Post will continue for the duration of EBA6 to provide employees with appeal rights against provisional promotions and against temporary transfers exceeding 3 months.

2. Study/Examination Leave

Study and examination leave may be granted to approved students in accordance with Australia Post's Principal Determination

3. Salary On Promotion

The salary to be paid to an employee on promotion or transfer will normally be the minimum rate for that position except that in circumstances involving overlapping salary ranges, the new salary will normally be the next highest salary point in the salary range for the higher position.
Previous service at the level to which the employee is being promoted (or higher levels) shall be taken into account when determining salary on promotion and incremental dates in accordance with the same principles that apply to the assessment of higher duties allowance. An employee promoted to a position which the employee is occupying on a temporary basis shall not suffer any reduction in remuneration.

4. Salary Payment Arrangements

All employees will have all salary payments paid through direct credit arrangements to a bank or financial institution.

5. Work/Life

The parties are committed to the application of work/life initiatives throughout all workplaces but recognise that such initiatives must be mutually beneficial to both the business and employees and consistent with operational needs.

The parties agree:

  • To promote work/life initiatives provided such arrangements are negotiated and agreed to by management and the employee and meet the operational needs of the business:
    (a) extension of short term absences for non-family purposes provided the make-up and time off arrangements are jointly agreed;
    (b) 48/52 mode of employment where the arrangements made are cost neutral to the business;
    (c) use of time in lieu arrangements
    (d) job sharing
    (e) employment breaks for up to 3 years for family leave purposes.
  • Staff may access normal grievance provisions to appeal against any refusal based on operational needs.

    6. Part-Time Employees - Preference

    Priority will be given to permanent part-time employees when applying for permanent full-time vacancies in accordance with agreed guidelines.

    7. Fixed Term Employees - Preference

    Fixed term employees who have been subject to the same selection processes that apply to permanent employees, will, subject to satisfactory service, be given priority if any permanent base level vacancies are filled by external recruitment during the fixed term period (subject to item 6 above).

    8. Team Skills Loading Mail Processing/Technical Staff

    This loading will continue to be payable to Mail Officers and Technical staff in accordance with the conditions agreed as part of EBA4.

    9. Higher Duties Minimum Period for Payment

    A higher duties allowance is not paid for higher duties performed unless the period is more than 1 day nor do shorter periods count as service at the higher classification.

    10. Employee Discipline

    1. Australia Post has the right to dismiss an employee, impose a penalty of a reduction of two (2) increments for a period of 12 months (or equivalent penalty), or to transfer an employee to another position of the same or a lower classification for behaviour or performance which warrants such action, including:
    (i) misconduct or wilful neglect of duty or grossly negligent conduct;
    (ii) incompetence or inefficiency for reasons within the employee's control;
    (iii) failure to observe the Code of Ethics.

    2. Except in the case of serious and wilful misconduct or grossly negligent conduct (see below), 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 Ethics.

    Grossly negligent conduct would apply in isolated instances only. For the purpose of this clause, such conduct involves a reckless act or omission which causes or could cause significant damage or harm and which would adversely affect the employment relationship. Decisions involving dismissal or transfer which are based on gross negligence (but not serious and wilful matters) should not be taken without prior referral to the Corporate HR Group.

    3. An employee may be suspended pending a decision as to the action to be taken under clause (1) and such suspension shall be with pay, provided that suspension may be without pay where:
    (i) criminal proceedings are pending; or
    (ii) police investigation involving a serious criminal act is involved which would adversely affect the employment relationship.

    4. In exercising these rights, Australia Post shall not take action which is harsh, unjust or unreasonable.

    5. Australia Post shall furnish written advice to an employee of a decision under clause (1) and of reasons for the decision together with details of the procedures for lodging an application for review.

    6. Where transfer, dismissal or penalty under clause (1) is considered to have been harsh, unjust or unreasonable, 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, penalty, or dismissal, in accordance with procedures established by Australia Post. Employees will also have a right to seek a review of such suspension under 4 (ii) by a Board of Reference once the disciplinary process has been implemented.

    Board of Reference

    7. For the purposes of clause (6), the Industrial Registrar of the Australian Industrial Registry shall be requested to appoint a Board of Reference for the duration of the Agreement.

    8. 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.

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

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

    11. Customer Contact Centres- Structural Arrangements

    1. A separate Customer Contact Centre job structure will replace the current administrative level structure viz,

  • Level 1 Trainee recruitment level to Contact Centre streams
  • Level 2 Customer Service Consultant
  • Level 3 Customer Care Consultant
  • Level 4 Business Sales and Support (Post Direct) Consultant
  • Level 5 Team leader Customer Service
  • Level 6 Team leader Business Sales and Support
  • Level 7 Manager/Supervisor Customer Service/Business Sales and Support positions.

    2. A single salary point structure will be utilized to replace the current administrative level salaries.

    3. The new structure and pay levels will apply to all newly appointed staff, staff who are promoted and by election.

    4. A performance - management scheme will be developed.

    5. The mix of levels required will be determined at a centre level and will reflect the nature of work requirements as well as the needs of customers.

    Attachment B - Adjustment of Allowances

    The following allowances will be adjusted at the same time by the same percentage increases that apply to classifications in accordance with EBA 6:

    ALLOWANCE                                     AUTHORITY
    Dependant Allowance                   Cl 19.1     (Gen. Con Award)
    Higher Duties Allowance               Cl 19.5     (Gen. Con. Award)
    Intermittent Motor Driving Allowance  Cl 19.6     (Gen. Con. Award)
    Qualifications Allowance              Schedule A  (Admin. Award)
    Dirty Cleaning Work                   Cl 9.1      (Ops. Award)
    Divide Allowance                      Cl 9.2      (Ops. Award)
    In-Charge Allowance - Retail Staff    Cl 9.4      (Ops. Award)
    Parcel Post Allowance                 Cl 9.5      (Ops. Award)
    PDO Functional Allowance              Cl 9.6      (Ops. Award)
    Teams Skill Loading:                  EBA
        Mail Officer
        Technical Structure Levels 4, 5
    Industry Allowance                    Cl 9.1.1    (Tech. Award)
    Disability Allowance 1                Cl 9.2.1(a) (Tech. Award)
    Disability Allowance 2                Cl 9.2.1(b) (Tech. Award)
    Custody of Stock                      Cl 9.4      (Tech. Award)
    First Aid Allowance                   Cl 19.3     (Gen. Con. Award)
    Tonnage Allowance                     Cl 19.12    (Gen. Con. Award)
    Sprintpak Drive & Operate Forklift    Cl 13(a)    Sprintpak Agreement
    Sprintpak Machine Adjustment          Cl 13(b)    Sprintpak Agreement

    Attachment C - EBA6 Corporate Bonus Eligibility

    Payment of the bonus is subject to the person being employed by Australia Post as at the time the bonus is paid (with the exception of retirees) or in respect of casual employees, the individual still being employed by Australia Post on a regular although casual basis.

    EMPLOYMENT CATEGORY              PERIOD OF EMPLOYMENT   *  ELIGIBILITY
           OR                        (FROM DATE OF AGREEMENT   
      STAFF SITUATION                CERTIFICATION TO 31/12/05)
    
    Award Based Permanent and Fixed  During 2 pay periods or less No Bonus
    Term (Full and Part Time Staff)  During 3-6 pay periods       Quarter Bonus
                                     More than 6 pay periods      Full Bonus
    
    Casuals (other than Christmas)   During 2 pay periods or less No Bonus      
    directly employed and paid by    During 3-6 pay periods       Quarter Bonus 
    Post.                            More than 6 pay periods      Full Bonus    
    
    Casuals employed through and                                  No Bonus
    paid by a recruitment agency.
    Casuals (Christmas)                                           No Bonus
    
    Sick Leave (paid or unpaid),     During 2 pay periods or less No Bonus      
    Compensation, Maternity Leave    During 3-6 pay periods       Quarter Bonus 
    (paid or unpaid).                More than 6 pay periods      Full Bonus    
    
    Long term (ie more than 12       During 2 pay periods or less No Bonus      
    months)                          During 3-6 pay periods       Quarter Bonus 
                                     More than 6 pay periods      Full Bonus    
    
    
    Leave for example recreation     During 2 pay periods or less No Bonus     
    leave, long service leave, leave During 3-6 pay periods       Quarter Bonus
    without pay, career break or any More than 6 pay periods      Full Bonus   
    combinations of such leave.      
    
    Agency Assistants still employed                              Bonus paid 
    by Australia Post                                             according to 
                                                                  above
                                                                  employment 
                                                                  categories.
    
    Contractors/Licensed Post Offices                             No Bonus
    
    Retirees - during relevant       During 2 pay periods or less No Bonus     
    period                           During 3-6 pay periods       Quarter Bonus
                                     More than 6 pay periods      Full Bonus   
    
    Retirees - after 31 December                                  Full Bonus
    2005 and before bonus is paid 
    (age 55 and above and meeting 
    other eligibility requirements 
    in respect of relevant bonus)
    
    Resignations/Terminations                                     No Bonus - nor do 
                                                                  any earlier
    (including VRP) before the bonus                              period/s of service 
                                                                  in the relevant 
    is paid                                                       financial year from 
                                                                  which the employee 
                                                                  has resigned
                                                                  count for  
                                                                  eligibility if the 
                                                                  employee is 
                                                                  subsequently 
                                                                  re-employed
    
    Executive, Contract Staff                                     No Bonus
    (including staff employed under 
    an AWA) and A06 Staff
    
    Staff commencing employment                                   No Bonus
    after end of relevant financial 
    year
    
    Temporary Part Time Support                                   Full Bonus
    Services Officers and 
    Attendants #
    
    Staff converting from award                                   No bonus if, in 
    positions to contract positions                               performance 
    during the eligibility period                                 payments aggregate,
                                                                  performance
                                                                  (associated with  
                                                                  contract employment)
                                                                  for relevant
                                                                  financial years
                                                                  exceed $400.
    and
    
    Staff nominally occupying AO6                                 If, in aggregate, 
    positions who gain access to                                  performance payments
    Performance Pay during the                                    (associated with 
    Eligibility period                                            contract employment)
                                                                  for relevant 
                                                                  financial
                                                                  years are less than
                                                                  $400 the difference
                                                                  would be paid by way
                                                                  of the Corporate  
                                                                  Bonus (ie. a total 
                                                                  of $400 would be 
                                                                  paid).
    * Need not be continuous
    # These will be the staff who have elected to remain on their current percentage loading conditions in lieu of being translated to the new employment categories (and associated standard conditions)

    Attachment D - Certified Agreements whose Dispute Resolution Procedure is superseded by the Dispute Resolution clause in the Agreement

    (only for the Term of EBA6)

    MATTER (SECTION OF ACT)
       C NUMBER - PERIOD OF OPERATION  - PRINT NUMBER
    
    Extension of Penalty Rates Eligibility Agreement 1993 (Brisbane) (134)
       30258/93   26/3/93  25/9/94       K7251 K7252
    Extension of Penalty Rates Eligibility Agreement (Adelaide) (134)
       50178/93   27/9/93  26/3/95       K9318 K9319
    PDO/MO Salary Parity Agreement 1993 -SA/NT (134)
       50279/93   27/1/94   8/4/94       L1373 L1374
    Northern Mail Centre, Victoria Driver's Agreement 1994 (170)
       30957/94   29/4/94  28/4/95       L3658 L3659
    Victorian Parcels Delivery PDO (Divers) Agreement 1994 (170)
       33528/94   10/10/94  9/10/95      L5974 L5975
    PDO/MO Salary Parity Agreement W.A. (170)
       34756/94   2/11/94   1/11/95      L6651 L6652
    Northgate Transport Depot Queensland Agreement 1994 (170)
       41271/94   25/1/95  24/7/96       L9059 L9060
    Tasmanian PDO/MO Salary Parity Agreement (170)
       30466/95   6/3/95    5/3/96       M0024 M0025
    Northgate Mail Centre Agreement 1995 (170)
       40110/95   4/5/95    3/11/96      M1367
    N.S.W. PDO/MO Parity Agreement 1995 (170)
       33297/95   1/6/95    20/4/96      M2653
    QLD Postal Delivery Pay Parity Agreement 1995 (170)
       34940/95   10/8/95   20/4/96      M4519
    Victorian Transport Agreement 1995 (170)
       39657/95   17/7/95   19/4/96      M9265
    Victorian PDO/MO Salary Parity Agreement 1995 (170)
       10752/95   14/12/95  19/4/96      M8509 M8538
    Redundancy/Redeployment/Retraining Agreement 1995 (170)
       11520/95   16/1/96   20/4/96      M9024
    Toowoomba Mail Centre Agreement 1996 (170)
       40582/96   29/10/96  28/4/98      N6181
    Underwood Mail Centre Agreement 1996 (170)
       40581/96   29/10/96  28/4/98      N6180
    Tasmania Transport Agreement 1996 (170)
       34719/96   11/9/96   10/9/97      N4886
    SA/NT Transport Agreement 1997 (170)
       50542/97   3/7/97    19/4/98      P4772
    WA Transport Division Agreement 1997 (170)
       60568/97   4/8/97    30/6/98      P4008
    (Qld) Parity Postal Transport Officer Group Mail Processing Group 
    Agreement 1997 (170)
       40791/97   25/9/97   19/4/98      P5484
    Transport NSW/ACT Parity Agreement 2001 (170)
       2001/8090  20/12/01- 20/6/03      913149
    Sprintpak Division Enterprise Agreement 1995 (170)
       31962/1995 1/5/95    20/4/96      M1101 M1102


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