Managers get legal protection: but you don’t…

The CEPU wants to thank members for their support of the Union’s stand to secure more workplace protection through the introduction of a Common Law Agreement to work alongside any future EBA7 agreement.

Australia Post has resisted the Common Law Agreement – claiming that they don’t use these agreements to deal with employment conditions. But that’s just wrong.

Australia Post senior management has publicly admitted they do use Common Law Agreements to secure employment conditions….for their managers.

The truth emerged when Post’s Chief EBA7 negotiator Mr Rod McDonald was quizzed about this situation before a Federal Parliamentary estimates committee held on 18 February 2008.

Senator BIRMINGHAM – You do not use common-law agreements anywhere across the agency?

Mr (Rod) McDonald – No, we do not use common-law agreements for industrial conditions.

Senator BIRMINGHAM – And you do not believe they would be appropriate in the future either?

Mr McDonaldSome of our managers are on common-law contracts in terms of pay and performance, but they are not appropriate for this situation. For award categories, we have a collective agreement. This is what we have had for six previous EBAs, and that is the appropriate course in our view.

p.9. Hansard, 18/2/2008

Here are some questions for members to consider whether Australia Post is being truthful when communicating EBA7 matters:

1. Why do Managers at Australia Post enjoy full legal protection of their conditions – under secret common law agreements – while workers can’t get the same protection?

2. Why does Australia Post tell it’s workers that they must change the way they work for the good of the corporation – but when these senior managers are asked to change the way they work they oppose it because “this is the way we’ve always done it”.

3. Why did Australia Post push so hard to have AWA contract clauses in past EBAs – but when they’re asked to legally protect conditions for all the workforce, they say no?

Also remember the senior managers, that are telling you you can’t have a common law agreement, benefit from massive pay bonuses under their private common law agreements.

if everyone – from the Managing Director through to the average worker – have to pull together, change the way they work and help face the postal industry challenges ahead, why is it that Senior Management have full legal protection of their wages, cash bonuses and entitlements while the majority of Post people will not?

Contracting out, franchising, retail conversion policy, dedicated delivery, leave provisions, protection of transport designations – these are some of the things we want covered in a common law agreement working alongside EBA7. Without it, you’re not protected.

Let us know your thoughts by emailing

Tell your manager today:

“If a common law agreement can protect your employment conditions, then we deserve one to protect our conditions too.”

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