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MEMORANDUM OF UNDERSTANDING (MOU) - 2020



See the EBA10 Progress

Background

A. The Parties have been in discussions regarding the Australia Post Enterprise Agreement 2017 (EBA2017) and options for deferring bargaining for a replacement enterprise agreement to EBA2017 (Replacement Agreement), due to the unprecedented impacts of the COVID-19 global pandemic.

B. The COVID-19 pandemic has had a significant impact on Australia Post's operations, leading to significant growth in demand for parcel delivery and a decline in demand for its reserved letter service. Australia Post is committed to minimising the impacts to its operations, workforce and finances.

C. On 16 May, the Australian Postal Corporation (Performance Standards) Amendment (2020 Measures No. 1) Regulations 2020 (Regulation) commenced, which includes temporary changes to Australia Post's performance standards. To implement the Regulation, Australia Post has developed an Alternating Delivery Model (ADM) in metropolitan areas.

D. The ADM includes:

E. The ADM and Regulation are referred to collectively as the Temporary Reform.

F. The Parties have agreed to defer bargaining for a Replacement Agreement and to jointly support the implementation of the Temporary Reform on the terms set out in this Memorandum of Understanding (MOU).

Agreed Terms

1. Deferral of Bargaining

1.1 The Parties agree that:
(a) Australia Post will continue to apply all terms and conditions in EBA2017 to its workforce beyond the nominal expiry date until 9 August 2021.

2. Australia Post Commitments

2.1 Until 9 August 2021:

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:

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.



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