2. Australia Post Commitments
2.1 Until 9 August 2021:
(a) Australia Post will not apply to the Fair Work Commission to vary any terms of EBA2017 or terminate EBA2017;
(b) While Australia Post is unable to guarantee there will be no loss of jobs due to the impacts of the COVID-19 pandemic, Australia Post will not make any permanent full-time or part-time employee covered by EBA2017 involuntarily redundant:
(i) because their position is directly impacted by the implementation of the Temporary Reform and who is employed in the following classifications: Postal Delivery Officers (PDOs), Postal Transport Officers (PTOs) employed to drive vans and Mail Processing Officers employed to process letters and undertake night sorting operations;
(ii) who is reasonably and genuinely engaging with the processes set out in the Redundancy / Redeployment / Retraining Agreement set out at Attachment K of EBA2017; and
(iii) who is willing to work in alternative roles that they:
(A) are suitably qualified, skilled and experienced to perform (or could perform with reasonable retraining); and
(B) can perform at their existing head station or a new head station, provided they are not required to undertake unreasonable additional travel to and from a new head station.
2.2 Before Australia Post makes an employee referred to in clause 2.1(b) of this MOU involuntarily redundant, the relevant State Secretary of the CEPU and the Regional General Manager will first meet and discuss the employee's circumstances and any other possible alternatives to involuntarily redundancy. If agreement is not reached at this level, the proposed redundancy will be referred to the National Secretary of the CEPU and the EGM People & Culture of Australia Post to consider the matter.
2.3 From 30 September 2020, Australia Post will pay a 15% ADM Payment to PDOs at ADM sites who do not receive a penalty rate, equivalent to 15% of the employee's base hourly rate for ordinary hours worked. However, if a site has the Temporary Reform operating in full prior to 30 September 2020 Australia Post will make the ADM payment on the date that the Temporary Reform is fully operational at that site.
2.4 Commencement times at metropolitan sites will be determined based on operational requirements and in consultation with employees at that facility.
2.5 In addition to the Temporary Reform and other initiatives being implemented in metropolitan sites, Australia Post will continue to implement One Network in regional and rural locations with the support of the CEPU. For the purposes of this MOU, One Network includes (but is not limited to):
(a) flexible start and finish times, implemented in line with business needs and operational requirements;
(b) operating new modes of delivery;
(c) the use of technology such as telematics devices and scanners;
(d) other changes to the time that work is performed (for example, ceasing to perform Street Posting Box clearances on weekend).
2.6 From the date on which the Australia Post Enterprise Agreement 2017 is replaced by a new enterprise agreement (Replacement Date), Australia Post will provide a One Network incentive payment to PDOs employed at rural and regional sites who do not receive a penalty rate, equivalent to 15% of the employee's base hourly rate for ordinary hours worked.
2.7 Despite clause 2.6, if One Network is successfully implemented at a rural and regional site before the Replacement Date, Australia Post will provide the One Network Incentive Payment to an employee referred to in clause 2.6 above from the implementation date.
2.8 The current number of positions that attract penalty rates at rural and regional sites will be maintained at those sites until such time that clause 2.6 or 2.7 is satisfied.
2.9 A PDO cannot receive a penalty rate and a payment under this MOU (including the One Network Incentive or the ADM Payment) at the same time.
3. Union Commitments
3.1 The CEPU commits to not organising or taking (or inciting or encouraging others to take) any protected or unprotected industrial action as that term is defined in the Fair Work Act 2009 (Cth) against Australia Post until after 9 August 2021.
3.2 The CEPU commits to actively and constructively supporting the Temporary Reform. This includes, but is not limited to:
(a) Encouraging employees to operate new and different modes of delivery based on business requirements and refraining from taking any steps that would discourage employees from operating these modes;
(b) Refraining from taking any steps that would discourage employees from varying their start and finish times or reasonably varying their work location;
(c) Co-operating with Australia Post to ensure the successful implementation of the Temporary Reform;
(d) Raising any genuine safety concerns regarding the implementation of the Temporary Reform in a manner that is consistent with relevant Work, Health and Safety legislation and the Australia Post Enterprise Agreement 2017.
4. Termination
This MOU will terminate on 9 August 2021, however in the event that the Regulation (as defined) is disallowed by either House of the Parliament or otherwise ceases to have legal effect, then the terms of this MOU will immediately cease to have effect.