EBA7 Core Bargaining Claim


The union has drafted a core bargaining claim that will guide our bargaining in EBA7. The claim is being further developed with CEPU members and when finalised will be endorsed by the Divisional Executive of the union.

The core claim is divided into 2 parts –

Basic Rights and The Claim.

Part 1 - Basic Rights

The union will campaign for basic rights and a ‘fair go’ in Australia Post workplaces, including:
  • the right of workers to bargain collectively for decent pay and conditions:
  • the right to be treated with respect and dignity in the workplace;
  • the right to work family balance;
  • the right of workers to join and be represented by an organisation of their choice; and
  • the right of new employees to have the choice to access all EBA pay rates and conditions.

Part 2 - The Claim

Pay

Pay Increase

The agreement increases rates of pay for all employees by a decent % per annum, made up of a CPI increase and a productivity increase based on Australia Post’s past productivity gains. The increase shall be calculated and paid from the nominal expiry date of the current agreement.

Any performance bonuses are to be incorporated into salary for superannuation purposes.

Protecting Terms and Conditions of Employment

Existing Conditions

We believe that no employee should be worse off in terms of their overall terms and conditions of employment under EBA7. Therefore wages, including penalty rates and overtime payments, and relevant terms and conditions of employment under the current EBA, Awards, Principal Determinations and other agreements must be incorporated into EBA7 with the proviso that this does not include terms in those various industrial instruments that contain prohibited content. New employees shall have the choice to access all EBA pay rates and conditions.

Note – WorkChoices is designed to do away with award-based conditions altogether. In the future, any conditions which are not explicitly contained in a workplace agreement will disappear.

Termination of Agreement

No party will seek to unilaterally terminate the agreement.

Note - A workplace agreement can be terminated by an employer after 90 days notice. This would leave employees only entitled to the 5 minimum conditions during the bargaining process and forced into accepting a poorer agreement from this vulnerable position. A clause protecting unilaterally terminating an agreement is required.

Disputes Settlement

A dispute settlement procedure must give the Australian Industrial Relations Commission (AIRC) power to deal with disputes including arbitration powers and give employees the right to be represented by the union of their choice at every stage of the dispute procedure.

Note - The union can only rely on the powers the agreement gives the AIRC to settle disputes. Agreements will therefore need to contain a comprehensive clause setting out the powers and functions of the AIRC.

Redundancy

The provisions of the Australia Post Redundancy Agreement shall be incorporated into the agreement subject to any prohibited content that may be contained in the Redundancy Agreement.

Note - Under WorkChoices employers will not be regarded as having unfairly dismissed someone if the termination includes “genuine operational reasons”. This clause ensures redundancy continues to be an entitlement.

No Extra Claims

Parties to the agreement shall not make extra claims that affect employees' terms and conditions of employment over the life of the agreement. Australia Post agrees not to issue any new Principal Determinations or to vary any existing Determinations without consultation and agreement.

Note - There are prohibitions on renegotiation of agreements. Unions get no right to a collective bargain even if the majority wants one. This clause is to prevent parties refusing to deal with a claim for a replacement agreement.

Maintaining Job Security

Australia Post commits to maintaining job security to the fullest extent practicable including jobs in regional and country areas and, if necessary, to provide retraining, redeployment and voluntary redundancy to manage workplace change.

Guidelines for converting part-time, fixed term and casuals to permanent full-time positions will be included in the new agreement.

Current Award classifications and Work Level Standards will be incorporated into the new agreement.

Note - There are prohibitions on restricting labour hire and contractors. Classification structures are unenforceable from commencement of WorkChoices and will eventually be removed from Awards.

Making Sure Workers Have a Say

Employee Representation and Consultation

Employees have the right to choose to be represented by an organisation of their choice in any discussion with Australia Post about employment matters.

Proper consultative mechanisms shall be established to enable genuine consultation on employment matters. Genuine consultation requires access to the information, the capacity to influence decisions before they are made, facilities, training and work support for employees who may be involved.

Freedom of Association

Australia Post recognises the right of workers to join a union and shall not disadvantage or discriminate against union members in their employment.

Balancing Work and Family

Control Over Hours

Employees ordinary hours of work shall not be increased. Overtime and shift loadings are to be maintained.

WorkLife Initiatives

WorkLife initiatives of 48/52, advancing annual leave, part-time, employment breaks, job sharing (full-time & part-time jobs), leave for caring, flextime, rostered days off, short term absences and time off in lieu are agreed. However to achieve WorkLife balance employees must be able to access these initiatives.

Therefore a 'right to request' these flexible work conditions is agreed. Australia Post may only refuse the request on reasonable grounds such as cost, lack of replacement staff, loss of efficiency and impact on customer service.

Maternity and Family Leave

  • Paid maternity leave increased from 13 to at least 14 weeks.
  • Paid supporting partner leave established of six weeks.
  • Paid Adoption leave of 14 weeks.
  • Right to work part time upon return from parental leave be established for duration of 5 years.
  • Parental leave without pay of up to five years be available on return from paid parental leave.
  • Employer support for child care for employees.
Carers Leave

Access to flexible working arrangements is essential to allow carers to balance work and caring responsibilities for children, elderly or disabled people and in cases of chronic illness.

Therefore employees who have caring responsibilities have a ‘right to request’ the flexible work conditions set out in the WorkLife initiatives. Australia Post may only refuse the request on reasonable grounds such as cost, lack of replacement staff, loss of efficiency and impact on customer service.

Retaining Mature Age Workers

Australia Post recognises that incentives may need to be offered to retain mature aged workers. Therefore the union seeks to put into the agreement incentives such as:
  • Employer funded access to financial advice before an employee retires; and
  • Access to transition to retirement superannuation initiatives through this agreement.
Healthy and Safe Workplaces and Working Conditions

We believe Australia post has an obligation to create a healthy workplace culture. This means Australia Post will abide by all relevant occupational health and safety legislation and will put in place appropriate strategies to eliminate harassment and bullying, including training managers how to manage compassionately. In addition the terms of the Australia Post OHS Agreement 1992 shall be incorporated into this agreement to the extent that those terms do not contain prohibited content.

Australia Post agrees that employees have a right to be involved in job design to ensure that work rates are safe and realistic, a variety of different activities are undertaken and jobs are as fulfilling as possible.

Training

It is important for career paths that jobs are designed in accordance with the classification structure set out in the relevant Work Level Standards (where such standards exist) and that employees have the opportunity to undertake training to develop and use a number of different skills.

Training will be aligned to agreed competency standards and, where possible, lead to nationally recognised qualifications under the relevant industry training package and the Australian Qualifications Framework.

All employees will have equitable access to training and assessment opportunities. Training and assessment will be conducted where possible during normal working hours with the costs met by Australia Post. Training during and out of hours is treated as paid time and must include shift penalties and overtime so that no employee is disadvantaged.

Fitness for Work

We believe that employees have the right to consult and follow the advice of their treating doctor in the context of claims or potential claims related to workers’ compensation and /or sick leave. Therefore the use of disciplinary procedures and cost recovery for medical examinations against employees for failing to follow a direction to attend a medical examination in respect of fitness for work before attending their own treating doctor is rejected.
Accordingly Australia Post will delete from Principal Determination No.6, Clause 10 entitled, Fitness for Duty, the right to direct an employee to an FND outside of the terms set out in the Award.

Income Protection

Australia Post agrees to make available income protection to employees in the event of serious illness or injury.

Travel Cover

Australia Post agrees to cover workers’ compensation costs for injury arising out of travel between an employee’s place of residence and place of work, or while attending trade, technical or other training which is expected by Australia Post.

Remote Localities

Employees living in rural and remote parts of Australia face particularly challenges and disadvantages. Remote localities assistance including leave, allowances, reimbursements and assistance with airfares and housing must be maintained to support employees delivering services in remote and rural Australia.

Uniforms

Australia Post agrees to continue to provide current uniform entitlements at no cost to employees. It is also agreed that Australia Post and employee representatives will meet on a regular basis to provide feedback from employee participation groups within each state and to consider and resolve matters relating to uniforms and supply of protective clothing and equipment.

Part-Time Conditions

Part-time employees shall be eligible for overtime penalty rates in circumstances where an employee is required to work in excess of his/her normal work hours.

Part-time employees required to work ordinary hours continuously for a period exceeding 4 weeks in a shift falling wholly within 6 p.m. and 8 a.m. shall be paid an additional 30% of salary for that shift.

Special Leave

Paid special leave is available for up to 3 days without deduction from recreational or sick leave credits in any 12 months for special compassionate leave to care for family members, change of residence, anticipation of recreational leave, repatriation leave, natural or civil disasters and other extraordinary purposes.

Superannuation

Australia Post agrees to provide a choice for all employees to become permanent members of the APSS and receive:
  • A benefit defined to age 75 by the present formula for permanent employees, with an increase in the Final Average Salary by way of a loading of:
    • 15% for employees who are rostered to perform ordinary duty on a shift, any part of which falls between the hours of 6.30 a.m. and 6.00 p.m.
  • Total Permanent Disablement (TPD) and death benefit as currently provided for under the present formula during all periods of probationary employment and to age 75.
  • Access to salary sacrifice arrangements.
CSS members have the opportunity of exercising choice to become permanent members of the Australia Post Superannuation Scheme.

Australia Post agrees to provide full information sessions on superannuation arrangements (including employer contributions and additional TPD and death benefit arrangements) to employees with four (4) weeks of commencement or recommencement of employment.

Australia Post shall also provide quarterly, seminars for employees and their spouses to have available access to information sessions with APSS and CSS member:
  • Services, including fees, other costs, taxation and financial advice
  • Investment options, Super Co-contributions, salary sacrificing and benefit products
  • Superannuation changes
Duration

The agreement will operate from 1st January 2007.

Job Specific Claims

Retail

Franchising

Maintaining job security regardless of franchising is demanded.

The provisions of the existing Retail Conversion Agreement (LPOs) will be incorporated into this agreement subject to any prohibited content that may be contained in the Retail Agreement.

Security

Employees at Australia Post Retail outlets deserve better protection against armed robbery threats. Therefore Australia Post agrees to review armed robbery issues at Retail Post outlets as a matter of priority.

Delivery

Dedicated Outdoor Delivery

We believe that there are no benefits for employees or customers from dedicated delivery only arrangements. Therefore any extension of dedicated outdoor delivery and sequencing/sorting jobs is rejected.

Penalty Rates

Australia Post agrees to maintain the existing PDO salary including the 15% penalty rate.

Mails/Parcels

Sort Rates

Sort rates in the manual sort area will be defined within a bandwidth so as to accommodate a range of variables, including human differences and quality of mail.

Swipe Cards and other data collection systems

Australia Post undertakes to ensure to the satisfaction of employees that swipe cards and other data collection systems will not be used to monitor employees.

Job Rotation

The parties will examine the work and job design of mail officers and night sorters for the purpose of reaching agreement on the rotation patterns that must be incorporated into these jobs to ensure a variety of different activities and the use of a number of different skills of the person.

Tea Breaks

Australia Post agrees to paid tea breaks of 15 minutes duration every 2 hours.

Transport

For the purpose of addressing issues associated with health and safety, pay and conditions Australia Post agrees to develop a specific designation for linehaul drivers.

Australia Post agrees that the tonnage allowance shall be paid to transport drivers with the appropriate qualification irrespective of when the qualification is used.

Technical

The process for the introduction of a competency based qualification framework is to be continued and Australia Post agrees that technical staff will have access to the Diploma level qualification.

 

 

Home Page

Join e-Bulletins

Honest Post???

Make Post Listen

EBA7 Core Claim

Claim Summary

Feedback

JOIN the CEPU

CEPU Website

Authorised by Jim Metcher, NSW State Secretarysite hit counter

Communications Electrical Plumbing Union - NSW Communications Division - Postal & Telecommunications Branch