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EBA8 CERTIFICATION

[2013] FWCA 4941 DECISION

Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement

Australian Postal Corporation ('Australia Post')

(AG2013/7473)

AUSTRALIA POST ENTERPRISE AGREEMENT 2013
Postal services

COMMISSIONER GREGORY MELBOURNE, 22 JULY 2013

Application for approval of the Australia Post Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australia Post Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Postal Corporation ('Australia Post'). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Community and Public Sector Union (CPSU), Association of Professional Engineers, Scientists and Managers Australia (APESMA), Transport Workers Union (TWU), Communications, Electrical and Plumbing Union (CEPU) and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2013. The nominal expiry date of the Agreement is 31 December 2016.

EBA8 BALLOT RESULTS

The EBA was supported by Tas and NSW P&T Branches. Qld and SA/NT were split. The WA and Vic Branch opposed the EBA. The NSW and Vic T&S Branches were neutral. The Divisional Office did not support the EBA. The Divisional Executive did not support or oppose the EBA.

A motion by the Divisional Executive to put out a balanced FOR/AGAINST statement was blocked by some YES supporters.

The ballot closed on 3 July 2013. Notwithstanding the various views the staff of Australia Post voted for the EBA. The comparison with the 2010 ballot is set out below:

		     2013		    2010
		 Voted	Yes%		 Voted	Yes%
  NSW		 7,117	 90%		 6,503	 87%
  QLD		 3,252	 87%		 3,221	 79%
  SA		 1,230	 82%		 1,270	 81%
  TAS		   429	 86%		   420	 91%
  WA		 1,856	 64%		 1,703	 68%
  VIC		 6,209	 51%		 5,874	 51%

  Voted		20,122	 75%		18,991	 73%
  Ballot Papers 31,956
  Rate             63%

Detailed Breakdown - 2013

	 Yes     %	   No 	  %	 Informal	Total
  NSW	6,118  90.12%	   659	 9.71%	   12	  	6,789
  VIC	3,208  51.61%	 3,001	48.28%	    7		6,216
  QLD	2,828  86.78%	   424	13.01%      7		3,259
  WA	1,195  64.32%	   661	35.58%	    2		1,858
  SA	  927  81.67%	   208	18.33%	    0		1,135
  TAS	  414  96.50%	    15	 3.50%	    0		  429
  ACT	  320  93.84%	    20	 5.87%	    1		  341
  NT	   82  86.32%	    13	13.68%	    0		   95
								
  TOT  15,092  75.00%	 5,001	25.00%	   29	       20,122

  Ballot Papers Issued 31,956 Voted 63%


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