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

Attachment - Guidelines on role, rights, responsibilities and support for union delegates

Role

The role of union delegates is to represent the collective and individual interests of union members. Some examples of specific functions of union delegates include:

• understanding awards and agreement conditions and representing employee issues concerning the application of the awards and agreement conditions;
• representing union members' local grievances to local supervisors and managers;
• conducting discussions with local management to resolve local grievances;
• participating in joint union-management consultative processes;
• meeting, communicating with and interviewing members to ascertain issues; and
• explaining to local members regarding their rights and entitlements [award conditions, HR policy, OH&S policy etc).

Rights/Entitlements

Union delegates shall be entitled to the following:

• the right to formal recognition by management that endorsed union delegates represent union members in the workplace;
• the right to be treated fairly and to perform their role as union delegate without any discrimination in their employment;
• the right during working hours to perform delegate duties subject to the following principles:
  • such activities must not disrupt operations;
  • the union delegate must not leave his or her work station and must not cease normal duties without prior discussion and agreement with the designated manager or supervisor;
  • agreement won't be withheld unreasonably, but it is expected that to the extent practicable, the role of the union delegate will be done in the delegate's own time;
  • the period of work time proposed to undertake delegate duties must be discussed and agreed with the delegate's workplace manager in each instance. Subject to operational requirements, a reasonable period of time will normally be allowed which may vary depending on the issue and the seriousness of it. As a guide, 15 minutes of paid time per shift may be used for delegate duties. However, the actual period may be shorter but where the issue is serious, longer periods may be appropriate.
• the right to gather appropriate information that is relevant to a member's issue;
• the right to represent local workplace grievances of union members and support the member where requested;
• the right to interview a member to ascertain the facts about an issue;
• the right to consult with management on local workplace matters affecting the interests of union members consistent with these guidelines;
• the right to meet with union member(s) during their own time (ie during lunch / tea breaks and before / after normal shift times);
• the right to be paid their normal hourly rates for any time discussed and agreed with management that is spent during ordinary working hours in the performance of their duties as union delegates;
• the right to paid leave to attend union courses (which include courses for union delegate training), which conform to the provisions of clause 11.4 of the Australia Post General Conditions of Employment Award (1999). This right is subject to prior approval of the workplace manager and the operating requirements of Australia Post;
• the entitlement to paid leave where summoned to appear as a witness in proceedings under the Workplace Relations Act 1996. The leave shall only be for such time as the delegate is necessarily absent from duty attending as a witness. The union delegate must advise the facility manager who will advise the relevant human resources manager of such requirements.
• the right to place union authorised information on a designated notice board located in the workplace. Australia Post retains the right to reject and remove any material that is not in relation to agreements or award related matters or that has not been properly authorised by the relevant State Secretary of the union.

Responsibilities

In turn a union delegate has an obligation to:

• comply with awards and agreements reached between Australia Post and the union, including dispute resolution procedures;
• not leave his or her work station to perform any delegate duty prior to discussing and reaching agreement with his or her supervisor or workplace manager;
• conduct himself or herself at all times consistent with the standards described in the code of ethics;
• represent issues raised by union members initially with the local supervisor / manager, unless it would be inappropriate in the circumstances, in which case the issue would be represented to the next level of manager;
• attend to duty and carry out instructions in the same manner as any other employee, subject to time off the job that has been agreed for delegate's duties;
• union delegates are also encouraged to understand employment conditions, OH&S requirements and Australia Post's harassment, equal employment opportunity, rehabilitation and other policies as these apply to the workplace;

Support

Australia Post shall provide the following support for union delegates:

• Attendance at an industrial tribunal
  • participation in or attendance at AIRC proceedings other than as a witness would normally be approved on a leave without pay basis, subject to operational requirements;
  • Australia Post may provide for paid time if, in the particular circumstances, there is prior request from the union for payment for a delegate attending AIRC proceedings and where Australia Post considers that this will assist in resolution of a matter;
  • where a union delegate is requested by the union to participate in or attend an AIRC proceeding during normal rostered working hours, the union delegate must advise and seek approval in advance from the facility manager or from the facility manager's authorised delegate.
• Access to new employees / members
  • within a framework of Australia Post's policy on union membership, which recognises employee rights to choose to belong to or not to belong to a union, union delegates will be allowed to address local workplace induction programs subject to the conditions set out in Australia Post's policy for union officials addressing induction programs;
• Access to communication facilities
  • the extent of access arrangements to communications equipment such as phone, fax and e-mail and photocopying facilities will be determined at the business unit level;
  • a union delegate's usage of Australia Post's IT, communications and photocopying facilities must not be excessive and must comply with Australia Post's policies.
• Participation in the union
  • where a union delegate seeks to be absent from work to participate in the operation of the union, leave without pay may be granted subject to operational requirements;
  • paid time off is not available for union delegates to participate in the operation of the union.
• Leave to work with the union
  • an employee may be granted limited leave without pay for employment as an elected full time official with a union, in accordance with Australia Post's policy on leave for employees working with the union.

Operation of guidelines

The operation of these guidelines at individual work places will be subject to union delegates acting in accordance with these guidelines and relevant Australia Post's policies.

• The parties at the workplace level recognise that effective and reasonable working arrangements should apply to the structure and operation of the delegate's role in the workplace.
• If the parties are unable to agree on appropriate operational arrangements for workplace delegates, Australia Post reserves the right to limit the application of the guidelines, or if this is not practicable, not apply provisions of the guidelines within a particular workplace.

Attachment - Conversion Policy

The conversion of any unprofitable Corporate Post Office to a Licensed Post Office system of operation will be undertaken in consultation with the union at state level. The union and staff at all Corporate Offices will be involved in the drive to improve profitability and avenues to make each Office profitable will be explored before conversion action is taken.

Change from Corporate Post Office to Licensed Post Office

A Corporate Office which is trading unprofitably in a metropolitan or large provincial area where delivery staff can be relocated will be considered for conversion when the total workload for counter staff at that Office requires three FTEs or fewer.

A Corporate Office which is trading unprofitably in a country town or small city will be considered for conversion when the total workload for all Postal business at that Office (excluding cleaners and contractors) requires three FTEs or fewer.

Change from Licensed Post Office to Corporate Post Office

A Licensed Post Office will be converted to a Corporate Office at the expiry of the five-year license period when the total workload for all Postal business at that Office (excluding cleaners and contractors but including street delivery) requires six FTEs or more, provided that the Office has a demonstrated capacity to trade profitably as a Corporate Office.