EBA6 - AUSTRALIA POST ENTERPRISE AGREEMENT 2004-2006 (Pre Ballot Version)
NOTE: This is the pre ballot version - version 6 Sept 2004
1.1 This Agreement will be known as the Australia Post Enterprise Agreement 2004.
2.1 This Agreement builds on and replaces the previous Australia Post Enterprise Agreement 2001- 2004.
2.2 Australia Post will be a good employer and will treat individual employees in a fair manner.
2.3 The Agreement recognises that there are shared and reciprocal responsibilities:
(a) on Australia Post as an employer;
(b) on employees as individuals; and
(c) on employee representatives, including unions.
2.4 The Agreement aims to strengthen Australia Post's position as a successful postal business in an
increasingly competitive and global market environment. Australia Post has the accountability to:
(a) operate the business efficiently;
(b) determine and allocate resources;
(c) implement both large and small changes in an efficient and timely manner; and
(d) explore means of protecting and expanding existing business levels.
2.5 Australia Post is committed under this Agreement to:
(a) ensuring there is full and open communication at all levels;
(b) encouraging employee involvement and input into the effective operation of their
workplaces;
(c) providing safe workplaces that are free from unlawful discrimination and harassment;
(d) supporting employee diversity and implementation of work/life balance initiatives; and
(e) providing opportunities for skill enhancement and job enrichment in work design and
through relevant and effective training.
2.6 With respect to employees, the Agreement reflects their commitment to assist the business succeed through working efficiently, ethically and safely and to play their part in making their own and their co-workers' working lives secure and rewarding.
2.7 With respect to employee representatives, this involves pursuing their objectives in relation to the fair treatment of employees in accordance with agreed consultation and dispute resolution processes.
3.1 The parties agree that consultation is important in maintaining positive working relationships between Australia Post, its employees and the relevant unions. Australia Post acknowledges that consultation prior to any significant change and on the consequences of that change is critical to maintaining positive workplace relationships and positive business outcomes.
3.2 Australia Post and the unions recognise that the principles of consultation stated in Commissioner
Smith's decision in CEPU v Vodafone Network Pty Ltd (Print 911257) reflect its intention with
respect to consultation. In particular, Australia Post and the unions agree with the following
statement by Commissioner Smith in that decision at paragraph 25;
Consultation is not perfunctory advice on what is about to happen. This is [a] common
misconception. Consultation is providing the individual, or other relevant parties, with a
bonafide opportunity to influence the decision maker.
3.3 The parties agree:
(a) that the focus of consultation will be on the impact of Australia Post's decisions on its
employees;
(b) that significant change relates to impacts on employees at a facility, or organisational part
of a facility, state or national level;
(c) that agreements negotiated at the national level are not to be renegotiated at State or local
level;
(d) to maintain positive two-way relationships with unions and employees at a State and
National level including a focus on effective workplace resolution of, and consultation on,
relevant issues;
(e) to take all reasonable steps to ensure differences are dealt with constructively, including
prompt consideration of matters raised by any party during the process;
(f) that relationships will be kept under regular review at both State and National level to
ensure they remain positive and constructive and are maintained at all levels of the
business;
(g) that if consultation is not operating effectively, prompt joint action from higher levels will be
taken to rectify the situation;
(h) to develop guidelines on consultation structures and practices in Australia Post to
supplement this clause; and
(i) to develop and provide relevant guidance, training or assistance to ensure a proper
understanding of consultation at all levels of Australia Post.
3.4 Australia Post will, prior to making any significant change for reasons including economic, technological, structural reasons or similar nature, commit to the following actions:
(a) as soon as practicable before making changes which directly affect employees, inform each relevant union which represents the industrial interests of such employees about the details of the proposed changes. The information provided to the relevant union will include the nature of and reasons for the proposed change; the number and categories of employees likely to be affected and the time when, or the period over which, the employer intended to carry out the proposed change; and
(b) as soon as practicable after deciding and before changing an employee's employment subject to the decision, Australia Post will give each relevant union an opportunity to consult on measures to avert and/or mitigate the effects on employees including adverse effects on job security, reduction in income, change of working hours for individuals, change of worksite, change to skill requirements, adverse impact on equal employment opportunity or occupational health and safety.
3.5 Australia Post acknowledges that under sections 285B and 285C of the Workplace Relations Act 1996 unions have rights in respect of entry to Australia Post workplaces. In particular circumstances, including in relation to the effects on staff in respect of major changes, Australia Post and the relevant union may agree on workplace access arrangements involving union officials which assist the consultative process. In addition, to assist consultation and dispute resolution the parties agree to comply with existing guidelines for workplace representation.
4.1 The parties agree that customer satisfaction, service reliability, sustained business levels and the capacity to grow in new business areas is fundamental to providing on-going employment security for employees.
4.2 Subject to 4.1 and the maintenance of the current overall business levels, Australia Post remains confident that, during the term of the Agreement, with commitment and co-operation from unions and employees (including, where appropriate, retraining, redeployment and voluntary redundancy under the Australia Post Redeployment/Retraining/Redundancy Agreement 1995 ("the RRR Agreement")) workplace changes can be managed without resort to compulsory retrenchment.
5. OCCUPATIONAL HEALTH AND SAFETY
5.1 The parties are committed to achieving and maintaining healthy and safe working conditions in all Australia Post workplaces by abiding by all relevant occupational health and safety legislation and the Australia Post Occupational Health and Safety Agreement 1992 or any successor to that agreement.
Permanent Employment
6.1 Australia Post's staffing resources at facility level will continue to comprise predominantly permanent employees (full and part-time), with a fair and reasonable utilisation of overtime and extended hours for business fluctuations above required staff establishment levels.
6.2 The use of fixed term, casual (including Christmas casuals) and agency employment arrangements as set out in Clause 6 will be consistent with Clause 6.1.
6.3 Australia Post recognises the value of its permanent workforce and is committed to providing full time permanent employment as the preferred option. Where the flow of work provides that work can be effectively and efficiently organised around full time options then full time employment should apply. Where there is an on-going need that cannot be filled in this way the preferred option is permanent part-time work.
6.4 A full time position would only be considered for abolition and replacement with part time positions
where:
(a) there is a genuine need subject to clause 6.3 above; and
(b) where the position is vacant, unless the position is being abolished consistent with the
RRR Agreement on the basis that it is no longer required.
6.5 Notwithstanding 6.4(b) above, where 6.4(a) applies an employee may agree to convert to part time.
Relief Staff
6.6 Australia Post is committed to providing adequate relief staffing to cover business requirements in
a way which:
(a) ensures that unreasonable workload demands are not placed on other staff;
(b) ensures that there is fair and reasonable access by staff to their leave entitlements; and
(c) utilises, wherever practical, quality skilled relief staffing, including scope for permanent
relief staff.
Fixed Term Employment
6.7 Employees can only be recruited on a fixed term basis when it is likely that the employee's service
will be required only for a specific period for the purposes of:
(a) recruitment for a specific project or task to provide special skills which are not
encompassed by current operational roles;
(b) filling temporary resource needs resulting from specific employee circumstances;
(c) facilitating workforce adjustment/transition strategies for implementation of change or
acceptance of new business opportunities. These will be the subject of consultation in
accordance with clause 3 and that consultation will include any expected need to use fixed
term employees; and
(d) other circumstances agreed between Australia Post and the relevant union or determined
by the AIRC.
6.8 A fixed term employee will not be held against permanent vacant positions unless the reason for employing the fixed term employee against such a position meets the requirement of clause 6.7.
6.9 The period of continuous employment as a fixed term employee can be up to one year but can be extended in particular circumstances for further periods, provided that the period of further continuous employment does not exceed another twelve months and is subject to approval through the nominated Human Resource management section and consultation with unions. Extensions of fixed term employment will, in most circumstances, be likely to be limited to planning, relating to known impacts of major change projects.
Casual Employment
6.10 A casual employee is engaged in relieving work, work of a casual, irregular or intermittent nature or of a short term duration and who is engaged and paid by the hour but does not include an employee who would properly be classified as permanent or fixed term.
6.11 A casual employee may be engaged for a period up to 12 weeks. Provided that at the end of a 12 week period a casual employee may be offered permanent employment or fixed term employment. Where fixed term employment is offered it must meet the requirements of clause 6.7 of this Agreement.
6.12 Notwithstanding clause 6.11 the terms of engagement and the number of casual employees employed under the Christmas arrangements will be the subject of consultation between the parties. Casual employees must not be engaged before Christmas in such a manner as to preempt that consultation.
Agency Staff
6.13 The parties acknowledge that the use of agency staff can impact on the employer-employee relationship. Accordingly:
(a) Australia Post will ensure that the overall pay and conditions remuneration paid to agency staff will not be less than the overall pay and conditions of remuneration provided to comparable Australia Post employees by the Agreement and the relevant Australia Post awards. Australia Post will ensure that agency staff will observe the same on the job working arrangements as apply to the comparable Australia Post employees under the Agreement and the relevant Australia Post awards;
(b) Where Agency staff are engaged they will be utilised to cover casual and fixed term needs within the same parameters as defined in Clauses 6.7 to 6.11. Provided that fixed term agency staff can only be employed in non operational roles.
(c) Australia Post will provide information on the use of agency staff to the unions as part of Clause 6.15 and 6.16 and will also consult on the operation of these arrangements. Information will be provided nationally to the unions on a quarterly basis.
Implementation Arrangements
6.14 The parties will jointly develop educational, briefing and implementation material on the appropriate use of the employment categories and action will be taken to ensure that managers are aware of how the different categories should be used.
6.15 It is further agreed that a structured, effective consultative process for monitoring, discussing and
resolving issues relating to the use of Australia Post's employment categories will be put in place
within two months of the certification of the Agreement. This will include a joint consultative process
to:
(a) monitor employment arrangements at the national/State/local level;
(b) identify facilities where concern exists with the current employment category mix;
(c) discuss and where practicable resolve these concerns; and
(d) ensure any subsequent appropriate staffing action is taken in accordance with the
principles in Clause 6.
6.16 To commence the process referred to in clause 6.15 there will be a workshop involving national and state officials to reach an understanding on the methodology of the statistics; on the use of each employment category; and the timing of the provision of statistical advice.
6.17 To assist consistent and fair application, advice and monitoring arrangements involving nominated Human Resource functional areas will be established.
Part-Time Employment
6.18 Except as otherwise provided in the Agreement or the relevant awards, the Agreement and relevant awards shall apply to part-time employees in the same manner as full-time employees on a pro-rata basis.
6.19 In principle:
(a) in respect of any other terms and conditions not covered by clause 6.18, these should
apply to part-time staff in the same manner as full-time employees, on a pro-rata basis;
and
(b) part time staff should be given the same access to development opportunities as other
employees.
Review Process: Part-Time Employees
6.20 Australia Post acknowledges that the rostered hours of part-time staff should match the underlying ordinary hours of the position, ie, the hours worked on a regular predictable basis in a manner consistent with the relevant award hours of duty provisions.
6.21 Australia Post will continue the following arrangements:
(a) employees will have a right to seek a review of their current hours against the above
principle (refer clause 6.20) including providing appropriate supporting reasons, and have
the right to request union involvement in that process;
(b) factors to be considered in the review process shall be the hours of duty worked over the
previous twelve months (or since the employee started in the position, whichever is the
lesser period) and known business/operational changes in the next six months;
(c) the review shall be documented (in accordance with the standard pro forma developed at
the national level);
(d) Australia Post's employment monitoring arrangements shall include data on the extent of
additional hours being worked by part-time employees; and
(e) employees will not be discriminated against or disadvantaged because they have sought a
review of their current hours.
6.22 Australia Post agrees to provide relevant information and explain and support the reasons why it reached the decision that it did, at the time that the employee is informed of the decision. Where an employee disagrees with the outcome of the review the employee may elect to take the matter through the Dispute Resolution Procedure, in lieu of the Grievance Process.
6.23 Australia Post, its employees and unions support the principle that part-time positions should not
be less than three hours per engagement. There will, however, be circumstances where the
application of this principle may result in arrangements which are not practicable and/or there is no
other available work. Where this circumstance arises:
(a) in respect of new positions, the parties agree to consultation prior to the creation and
staffing of such a position, including appropriate consideration of alternative work
arrangements which would meet the minimum hours principle; and
(b) in respect of existing individual part-time positions which do not conform with the principle,
these will be reviewed when they next become vacant.
6.24 The parties agree that the minimum hours principle will be applied as follows:
(a) existing part time arrangements will not be reduced on the basis of this clause; and
(b) any proposals to vary the level of rostered hours of a number of part-time positions on a
shift will be subject to consultation with the unions at State level and with the staff
concerned.
Contractors
6.25 It is not Australia Post's intention to contract out its workforce or any significant part of that workforce nor make any substantial change in the current overall balance of employee/contractor resources. Any proposals involving the contracting out on an ongoing basis, of work currently done by Australia Post employees, would be elevated to the National level and sufficient time would be allowed for discussions before action was taken to implement any such proposal.
6.26 The parties acknowledge that the use of outside contractors can impact on opportunities for Australia Post employees and agree that such arrangements will be not be used unless there are sound business reasons for doing so including appropriate consideration of the use of Australia Post's employees. Contractors will not be used as a means of pursuing a reduction in wages and conditions of Australia Post employees or altering Australia Post's commitment to providing opportunities for its employees.
7.1 The parties are committed to meeting the ongoing learning and development needs of employees in order to ensure a productive and skilled workforce with access to career pathways.
7.2 Regular consultation between the parties regarding learning and development will take place in the Joint National Learning and Development Forum to be held quarterly.
7.3 Learning and development will be aligned to the agreed competency standards and, where
possible, the Australian Qualifications Framework ("AQF"). Where learning and development is
aligned to the AQF this will lead to nationally recognised qualifications under the relevant industry
training package. This ensures the knowledge and skills obtained:
(a) are relevant to the requirements of the workplace and the work performed; and
(b) support employees to undertake their jobs in an efficient and satisfying way.
7.4 Employees will have equitable access to learning and development opportunities. Training and assessment methods will employ appropriate measures to address literacy and numeracy barriers experienced by employees.
7.5 Training and assessment required for the employee's current duties will be conducted, where possible, during normal working hours with costs met by Australia Post. Training during working hours is paid time. Where an employee is required to attend training out of hours the training time will be treated as paid time in accordance with the provisions of the relevant award. Provided that normal change of shift provisions may apply to attendance at training.
7.6 Australia Post acknowledges that it has a responsibility to provide learning and development. Priority will be given to consultation at the area/facility level in developing learning and development plans for the facility. Where qualifications are required for an individual to perform his/her work, relevant individual plans must be developed. Learning and development plans should be developed within 12 months of certification of the Agreement. Learning and development plans must be consistent with the Australia Post Competency Framework Assessment Policy.
7.7 Assessment processes will be in accordance with the Australia Post Competency Framework Assessment Policy. Where there is a roll out of any assessment processes Australia Post will enter into discussions with the relevant union to establish a skills training program to ensure that over time internal assessors are available in Australia Post.
7.8 An individual may elect to undertake an assessment in relation to their current competencies, prior to undertaking any further training to acquire competencies.
8.1 The parties have agreed that the conditions of service from previous EBAs as outlined in Attachment B will be retained during the Term of the Agreement. During the Term of the Agreement the parties will consider varying the relevant awards to include any of these matters that meet the requirements of the Workplace Relations Act 1996.
Shoe Allowance
8.2 With effect from 1 January 2005 retail employees who are eligible for and wear the corporate retail uniform are entitled to be reimbursed up to $76 once per calendar year for the purchase of footwear. This amount is in lieu of the amount specified at Item C Schedule 3 of the Australia Post Principal Determination that would otherwise apply to retail employees.
8.3 Australia Post commits during the first 6 months of the Agreement to explore viable options for the provision of appropriate footwear. Where such footwear is sourced and able to be provided, eligible retail employees will have the option of being provided with the footwear or the reimbursement in accordance with sub-clause 8.2, once per calendar year.
Shift Penalties for Part-Time Shift
8.4 A 30% shift penalty will apply to a part time employee where the employee's rostered shift hours exceed 4 weeks and the shift commences between midnight and 4.00 a.m, and finishes before 8.00 a.m. Clause 24.1.3 of the Australia Post General Conditions of Employment Award continues to apply in other circumstances.
Tea Break
8.5 Australia Post commits to maintaining the tea break arrangements that apply at individual workplaces in accordance with custom and practice.
Sick Leave
8.6 Australia Post agrees to discontinue the Attendance Improvement Management System ("AIMS").
In the context of any replacement program for AIMS Australia Post will not:
(a) identify individual employees for attendance improvement management based on specified
trigger points in an arbitrary or automatic manner which does not have regard to
circumstances of individual employees;
(b) direct employees to attend Australia Post nominated doctors for same day medical
assessments;
(c) an employee can only be directed to attend a nominated doctors for medical assessments
in accordance with the relevant award.
8.7 For the term of this Agreement the parties agree not to seek a variation to the Award in relation to fitness for duty examinations (Clause 26.5.10 of the General Conditions of Employment Award 1999).
Carer's Leave
8.8 An employee is entitled to use up to 5 days personal leave each year as carer's leave, in accordance with the Australia Post General Conditions of Employment Award 1999 sub-clauses 26.6.1 and 26.6.3.
8.9 In relation to the provision of evidence:
(a) for carer's leave of a single day's duration, where it is not feasible to obtain a medical
certificate for that single day's absence, the employee may instead provide a statutory
declaration establishing the illness of the person to whom the carer's leave relates and
indicating that the employee is responsible for the care of the person concerned; and
(b) for carer's leave of more than a single day duration, the employee must provide a medical
certificate establishing the illness of the person to whom the carer's leave relates and
indicating that the employee is responsible for the care of the person concerned.
8.10 The parties agree to establish a working party to consider whether other forms of evidence may be appropriate in supporting requests for access to carer's leave in accordance with sub-clauses 26.6.1 and 26.6.3 of the Australia Post General Conditions of Employment Award 1999. It is agreed that the working party will report on its findings six (6) months after certification of the Agreement.
8.11 If, following the report of the working party referred to in clause 8.10, the parties reach agreement on the provision of other forms of evidence for carer's leave, the parties agree that, notwithstanding the provisions of clause 8.9, the agreement will be implemented.
8.12 The parties agree that should the AIRC Family Leave test case provide more favourable outcomes than are provided for in the Agreement, then the parties agree to implement the relevant test case outcomes.
Parental Leave
8.13 An employee who is entitled to Maternity Leave in accordance with the existing Maternity Leave
(Commonwealth Employees) Act 1973 provision will be granted an additional one week's paid
leave to count as service immediately following the completion of paid maternity leave. In applying
this provision:
(a) the additional one week's paid leave will be counted towards the maximum period of 52
weeks of paid and unpaid maternity leave; and
(b) the qualifying period of 12 months continuous service for paid maternity leave still applies.
8.14 Where an employee has existing annual leave and/or long service leave credits:
(a) managers will grant any application for access to these leave credits for up to one week for
paternity leave or adoption leave purposes during the period within 3 weeks of the birth or
adoption. The employee is to provide the manager with appropriate evidence of the birth
or adoption of the child as well as appropriate notice; and
(b) managers will be encouraged to give favourable consideration to any application by an
employee for use of accrued annual leave or long service leave credits in excess of one
week for paternity leave and adoption leave purposes, subject to sufficient notice being
given by the employee of the expected commencement date of such leave and the period
of leave to be taken.
Employee Conduct and Discipline
8.15 The arrangements outlined in Attachment A shall apply.
Sort/Machine Rates
8.16 Managers shall not use sort or machine rates in an unreasonable and unfair manner in the management of employees' work or performance.
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