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EBA10 CERTIFIED

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    EBA10 DECISION

    Australian Postal Corporation T/A Australia Post
    [2021] FWCA 5966
    (AG2021/7054)

    AUSTRALIA POST ENTERPRISE AGREEMENT 2021
    Postal services

    DEPUTY PRESIDENT YOUNG MELBOURNE, 23 SEPTEMBER 2021

    Application for approval of the Australia Post Enterprise Agreement 2021

    [1] Australian Postal Corporation T/A Australia Post (the Employer) has made an application for approval of an enterprise agreement known as the Australia Post Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

    [2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

    [3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

    [4] I observe that clauses 10.5.1, 21.5, 21.15 and 23.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.3.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

    [5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Community and Public Sector Union, and the Transport Workers' Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

    [6] The Agreement was approved on 23 September 2021 and, in accordance with s 54, will operate from 30 September 2021. The nominal expiry date of the Agreement is 30 September 2024. DEPUTY PRESIDENT

    EBA10 UNDERTAKINGS

    See the PDF version


    POST EBA 10 - 2021

    After a very short "negotiation" our fighting leaders came out with a new EBA - effectively a roll over of the old EBA and increases in pay and allowances.

    Many problems and all our log of claims were put aside for another 3 years.

    The pay increase of 3% per annum might have been barely adequate had we not agreed to a 1 year pay freeze.last year.

    The EBA was supported by 4 Branches and opposed by 4 Branches.

    NSW P&T, WA, SA and Qld welcomed the EBA and urged members to support them.

    Vic P&T, Vic T&S, NSW T&S and Tasmanian Branches did not support the EBA.

    Post rushed to ballot and the ballot closed on 27 Aug 2021. The EBA was well supported - particularly in NSW. The results were:

    
    State	 Voted	   Yes	    NO	   %
    ACT	   338	   329	     9	 97%
    NSW	 6,316	 6,175	   141	 98%
    NT	   141	   139	     2	 99%
    QLD	 3,389	 3,141	   248	 93%
    SA	 1,183	 1,124	    59	 95%
    TAS	   365	   207	   158	 57%
    VIC	 5,659	 4,444	 1,215	 79%
    WA	 1,965	 1,860	   105	 95%
    
    Total	19,356	17,419	 1,937	 90%
    

    POST EBA 10 - 2020


    BACKGROUND

  • The Post EBA 9 has a nominal expiry date of 9 August 2020.
  • However the EBA will remain in force until replaced or terminated.
  • It is very unusual for an EBA to be terminated and termination of the EBA should be ignored.
  • Negotiations for a replacement EBA can commence 3 months before the nominal expiry date.
  • There is no pay rise this year under the old EBA9.
  • The Memorandum of Understanding (MOU) delays negotiations by a year


    JULY 2020 - POST REDUNDANCIES
    Post (AP) has also agreed to certain terms (which do not apply to technical staff):
    2.1 While AP is unable to guarantee there will be no loss of jobs due to the impacts of the COVID-19 pandemic, AP will not make any permanent full-time or part-time employee . involuntarily redundant (in certain circumstances)
    2.2 Before AP makes an employee referred to in clause 2.1(b) of this MOU involuntarily redundant, the relevant State Secretary of the CEPU . will first meet and discuss the employee's circumstances
    See the Memorandum of Understanding (MOU).

    JULY 2020 - POST MEMORANDUM OF UNDERSTANDING
    This week the Senate conducted a hearing to allow opponents to the every second day delivery proposal to be heard. There was much publicity about CEPU and ALP opposition. In the end the CEPU supported the every second day delivery proposal after a last minute deal with Post.
    The deal was not supported by 3 of the 7 branches. The deal is set out in a Memorandum of Understanding (MOU). It was described as a "massive" win. The deal will benefit some designations but will not cover technical staff.
    See the Memorandum of Understanding (MOU).

    JULY 2020 - POST EBA TALKS DELAYED FOR A YEAR
    Part of the deal with Post is an agreement between Post and CEPU to defer EBA talks for 13 months. (till 9 August 2021). There will be no pay rise this year or until a new EBA is agreed and certified (after August 2021). Some delivery staff will receive a 15% penalty until then.

    JULY 2020 - NEGOTIATIONS CEASE
    The CEPU has negotiated a deal with Post to delay EBA negotiations for a year. The details are contained in Memorandum of Understanding (MOU).

    JULY 2020 - EBA NEGOTIATIONS TO BEGIN
    Post has offered to begin negotiations on the new EBA. A notice will be sent to all staff shortly advising of the start.
    CEPU is automatically a bargaining agent. However you may appoint your own bargaining agent and even nominate yourself.
    Your next pay rise is due in September this year but it is clear that Post will want to restrain pay rises.

    JULY 2020 - THANK YOU BONUS
    Post has advised staff as follows:

      Our Australia Post, StarTrack and Decipha Award covered people will receive a payment equivalent to one per cent of their gross taxable income. Our Post Office licensees and Community Postal Agents will receive $500 per register and our Australia Post and StarTrack Courier contractor delivery drivers will receive a $250 voucher each.

    JULY 2020 - POST - SOME INTERESTING NUMBERS
    When advising of the 1% bonus, Post also advised:

      Our Deliveries teams faced Christmas-level peak volumes, with some days up 90 per cent compared to last year, while implementing social distancing and dealing with fewer domestic flights and international delays. As a result, our Customer Service teams handled more enquires than ever, including helping many Australians taking their first steps into online shopping. In April alone over 200,000 new shoppers bought for the first time online, and a million more people overall are shopping online every week when compared to the average in 2019.



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