Monday 4th February, 2008

CEPU ad campaign tackles postie penalty rates

“EBA = Respect” campaign Campaign Launch
The CEPU is launching an advertising campaign in major metropolitan and regional newspapers to put a spot light on Australia Post’s unfair policy of ripping penalty rates off new employees, especially those in delivery. While EBA7 will provide a medium term method of reintroducing penalty shifts for affected PDO’s, Australia Post has said it still wants to hire new starters at a time that will see staff miss out on penalty rates. The CEPU has told Post that the union will campaign strongly against this practice – and the national ad campaign is proof of our commitment to see the end of this deliberate policy by Post to rip off our members. Make no mistake: these straight talking ads are a pointed reminder that Australia Post – with its massive profits and big executive bonuses – is squeezing the incomes of our members. The ads call on people applying for jobs with Australia Post to demand the same conditions as existing staff. This will ensure people doing the same work, get the same pay. Longer term, it may also address the staff shortages affecting Post as a result of upset new starters leaving the corporation after learning that Post is financially disadvantaging them. Expect Australia Post to launch an outraged response to the ads, claiming that the union is damaging the corporation’s image and brand. However we think Post management has a lot to answer for, with its actions short-changing employees and creating a skill shortage that leads to excessive overtime, overworked employees and potential health and safety risks with tired staff working longer hours. There’s a straight forward solution to this issue: pay CEPU members their penalty rates to make sure enough people are employed within Post to get the mail out properly!   Graham Lorrain Branch Secretary. 4th February, 2008.

Wednesday 30th January, 2008

What's good for Post should be good for you, right?

“EBA = Respect” campaign EBA7 Update

What’s good for Post should be good for you, right?

You would think there is a simple answer to that question – but think again.

Last week the CEPU took a stand with Australia Post to protect member’s current long standing conditions and entitlements. 

Predictably Australia Post rolled out some desperate claims through its latest SIB, which made out a hysterical case as to why senior management doesn’t like Common Law Agreements protecting member conditions they bumped out of EBA7. 

In a nutshell, this is what Post argues:

• Post doesn’t like Common Law Agreements covering industrial or work related matters – even though their executives conditions and entitlements are covered by similar agreements;

• Post says using Common Law Agreements is new to them and never done before – but when changing the way work is performed, senior management tells you not to live in the past;

• Post thinks the EBA is the best way to cover industrial or workplace matters.

But here’s a quick question – does Australia Post only use EBAs to influence your employment conditions and they way you work?  Are they being totally upfront about that point … the answer is – NO.  Here’s why.

Australia Post relies upon another very powerful legal mechanism that sits totally outside your EBA.  It can powerfully influence your work conditions.  You have no say in the way it’s used.  The way Post does this?

Through Principal Determinations.  A legal mechanism granted to Post via Parliament that lets it, from time to time, set the way you work.

For example, during the EBA talks we asked them to drop the Principal Determination that allows Post management to force you to see their Facility Nominated Doctors after notifying a work related injury or when making a claim for workers compensation. 

Post refused – and will keep using its available Principal Determinations in any way it sees fit, despite you and your treating doctor objections. 

They love that power and will not give it up because they control your workers compensation claim from the outset and appeal processes right to the very end utilising their FNDs medical opinions as evidence.

So how is it, then, that Post can abuse the real purpose of Principal Determinations but then try to deny you – through the union – the ability to enter into a Common Law Agreement to protect and uphold your long standing conditions and entitlements through a court, if the need arose?

There’s a simple answer – the union is exposing senior management’s true position …  what’s good for Australia Post is not good for you.

Post now likes the AIRC?

Post now says it thinks the Australian Industrial Relations Commission is the best place to sort out disputes: even though it spent over a year fighting CEPU efforts to keep the AIRC as an umpire in disputes.

And despite their new found love of the AIRC, the CEPU was also forced to go to the Victorian Magistrates Court to defend the payment of entitled shift penalty rates for part time members (which the union won).

The simple fact is this – Post fears the power of Common Law Agreements.  It knows through a Common Law Agreement it is forced to respect the law and the decisions made in the courts.

• And if there was ever a reason to use a Common Law Agreement to cover the nearly 30 unenforceable letters – then that’s it.

Here's our simple position: members should only support EBA7 if a Common Law Agreement is reached with Australia Post that secures all conditions that are not inclusive in the new EBA.

Please contact the Branch on 82325999 if you require any further information.

Graham Lorrain
Branch Secretary
CEPU Communications Division - SA/NT 30/01/08

Tuesday 22nd January, 2008

CEPU pushes for stronger protection of your conditions

On 16 January 2008, the Divisional Executive made an important unanimous decision to help protect your conditions from the effects of WorkChoices. This decision follows:

"The Divisional Executive refers to the position it took on 14 January 2008 in relation to Australia Post's use of WorkChoices to remove long standing employment conditions and understandings from EBA7.

    The Divisional Executive notes that some unions – especially those representing members working in state government corporations or the private sector – have been successful in negotiating separate legal agreements outside of EBAs to cover “prohibited” conditions that have been removed from other awards or agreements.

    Known as Deeds or Common Law Agreements, these documents are easier to enforce through courts if the agreements are broken.  Australia Post has said it will only give commitments in relation to these conditions and other matters via a series of unenforceable letters to the unions.

    The Divisional Executive notes that despite the CEPU request re-submitted to Australia Post on 14 January 2008, management has refused to reconsider its opposition to the establishment of Common Law Agreements to secure those conditions and understandings that cannot be included in the proposed EBA7 due to the former Howard Government's WorkChoices laws.

    In light of this refusal, the CEPU cannot recommend to members that they accept unenforceable letters covering these conditions when there is an opportunity for Australia Post to enter into legal, common law agreements to protect their entitlements, conditions and job security.

    The CEPU recommends that members should only support EBA7 if a Common Law Agreement is reached with Australia Post that secures those conditions that fall outside of the EBA because they are considered "prohibited matter" by WorkChoices and/or are covered by the unenforceable letters proposed by Australia Post."

Across the union movement and the community, many of us worked hard through the Your Rights At Work campaign to defeat WorkChoices and stop these laws from removing long standing conditions.

With a change of Government, we think members and their families deserve better protection of their conditions, particularly in relation to franchising and contracting out.  That’s why your union is taking this stand.

NEXT STEPS: AUSTRALIA POST TO DECIDE

Australia Post can take a positive step and prove that they will live up to their promises -- they should do what many state government businesses have done and enter into a Common Law Agreement that protects those conditions that the Howard Government’s WorkChoices laws aimed to remove.
                                                
If you have any comments or feedback, contact the Branch on 82325999 or email us at eba7@cepu.asn.au or

                             Branch Secretary
                             Graham Lorrain 
                             17th January 2008

Quick answers to your questions

Why has the CEPU taken this stand after recommending the EBA?
While EBA7 represents a good deal for members, Australia Post has used WorkChoices to remove other long standing conditions, particularly in relation to franchising and contracting out.

This is because under WorkChoices, agreements containing clauses on franchising or the use of agency staff were considered to contain “prohibited” content.  Unions and their officials could be fined for even asking for these things to be included in an agreement.

Some unions – especially those in state government corporations – have been successful in reaching separate legal agreements outside of EBAs to cover “prohibited” conditions.  Known as Deeds or Common Law Agreements, these are documents you can enforce through courts if the agreements are broken.

Post has said it was directed to not enter into such agreements with unions by the former Howard Government.  With the former Government now out of office – based on the campaigning of unions and their members through the Your Rights At Work campaign – we think we should take every chance to protect conditions threatened by WorkChoices.  That’s why we’re taking this stand.

Is the EBA process delayed because of this stand?
If Australia Post quickly agrees to enter into a Common Law Agreement, the EBA consultation process can begin in February and employees can vote on the agreement in March. 

However, if Post refuses to enter into the Agreement, the CEPU will reconsider its support for EBA7.

What conditions does the CEPU want covered in a Common Law Agreement?
All the conditions that have existed under previous or current awards and agreements that have been classed by WorkChoices as “prohibited content”.  These items were excluded by Post through the EBA talks and dealt with in a series of letters from Post where they made some promises about how they would treat these conditions in the future.

These letters covered a very broad range of issues including: franchising, retail conversion policy, contracting out, technical matters, delivery assurances, union delegate guidelines, fixed term employee matters.

After members voted to support taking industrial action against Post, Post agreed to cover the subject of the letters through the dispute resolution process – meaning that if they wanted to change their commitments, they would consult with us and if they didn’t consult properly we could use arbitration as a last resort to resolve a dispute about the letters.

The union wants a stronger, more enforceable commitment for members – that’s why we want to place the commitments Post has made in the letters into a legal, more enforceable Common Law Agreement.

Do we need a Common Law Agreement?
Yes – because Common Law Agreements are stronger and easier to enforce than letters containing promises or non-binding commitments.

Will our pay rises and conditions be affected?
The only way that pay and conditions could be affected is if Post breaks its commitment to pay your pay rises in line with what they have announced – however because there is no formal legal agreement, there is nothing to compel Post to honour these commitments.  This is why we believe formal wage agreements and legal agreements offer you more protection for your conditions and job security.

Why won’t Post agree to a Common Law Agreement?

Wednesday 24 October, 2007

Members' vote secures new, stronger EBA offer.

The CEPU congratulates members for their support of the Australia Post EBA7 protected industrial action ballot.

Their strong stand has helped push Australia Post back to the negotiating table in an effort to finalise EBA7.

The CEPU, CPSU and Australia Post have met three times since the declaration of the ballot, with productive talks moving the parties closer together on agreement.  Recent discussions resulted in Australia Post moving on the issues of pay, arbitration, job security and penalty rate protection. 

As a result of the ballot and the additional talks, Australia Post has changed its pay offer to a 16 per cent deal, with $500 bonus.  The new pay deal provides an average annualised increase (factoring in bonus) of 5.3 per cent until December 2010.  The pay arrangements will run for 39 months, from September 2007 to December 2010. The overall proposed agreement will expire on 31 December 2010.

Read the full press release here.

If you have any comments or feedback, contact the CEPU or email us at eba7@cepu.asn.au

Friday 24 August, 2007

Australia Post EBA7 claims - no respect for the truth

Australia Post has bent the truth to breaking point in a series of desperate attempts to justify their delays in agreeing to a fair EBA.

Yes, everyone knows your Union has met with Australia Post to negotiate a fair EBA.

But we will not be bullied into signing a document that shows NO RESPECT for our members’ genuine claims.

For the first time in ages, Post have spun out three SIBs on the EBA in one week – against a wall of management silence in Post workplaces, because even managers tell us they don’t believe in this EBA. Some of Australia Post’s "spin":

• Delaying the Pay Rise. Australia Post says they want to pay you a fair pay rise. Back on 3 July, your Union wrote to the Managing Director and said our members want: “a higher pay offer to compensate for the delay in resolving this EBA”.  We’ve said, if you can’t back pay, offer a bigger first year pay rise.  Simple.  But they don’t want to.

• Lies on penalty rates. In Australia Post’s 21 August SIB they said “the unions want us to pay penalty rates to new recruits irrespective of their starting times”.  On 12 July, we put this in writing to Post:
  “No permanent employee currently working a shift that attracts a shift penalty will lose his/her shift penalty by being forced to change nominal shift start times, where the change in time is within one hour of the current start time of the workplace/shift.” (CEPU submission, 12/7/7)
  If a person off the street read these two statements, how could we stop them from saying Post is lying?

• Dodgy words on Franchising and Contracting. Australia Post says the guarantees we seek on franchising and contracting are against “government legislation” (they don’t say ‘WorkChoices’ anymore).
  What didn’t they really tell you? What they told us during the EBA talks: they want maximum flexibility to do what they want on things such as contracting out. 
  
  If they misrepresent union positions on the EBA, can they live up to the promises they give in their letters on franchising and contracting out?

• But here’s a true claim: Post are telling you the truth when it comes to arbitration. They said: “What we won’t do is allow the Commission (AIRC) to make decisions about major change…” (SIB, 21 August).
  
  What they mean is: you have no arbitration-protection on workplace change.  And because the redundancy agreement is not covered by arbitration in management’s draft EBA, ask yourself – where is my job security?

We also think it does not respect your rights at work – it will make you worse off in the future.

Be absolutely clear, your Union is ready and willing to agree to a new EBA for our members. But it must be a fair EBA that provides proper, essential pay rises and guarantees on working conditions.

DON’T BE FOOLED! YOUR UNION IS FIGHTING WITH YOU TO MAKE SURE AUSTRALIA POST DELIVERS FOR YOU!

If you need information on how to be part of the CEPU’s EBA7 campaign, contact your Branch on 82325166.

Graham Lorrain
Branch Secretary
CEPU Communications Division   24th August 2007

Download this article in .PDF format here.

Wednesday 4 July, 2007

EBA7 - CEPU tells Post: "Enough is enough"

Having received a clear signal from members through our EBA7 survey, the CEPU has today told Australia Post: enough is enough - it's time to start listening.

The peak decision making body of the CEPU Communications Division – the Divisional Executive – today considered the outcome of the member survey.  Thank you to all members who took the time to complete the survey and give us such strong results:

After receiving a report on the EBA, the Divisional Executive agreed that it’s time Post got the talks back on track; that the outstanding issues in the EBA be fixed and that we get an agreement in place to fairly reward members.

There are only a few issues that need to be fixed – but they’re important issues:

• We need an EBA that has full arbitration-protection;
• We need to tackle Australia Post’s approach to penalty rates; and
• We need our legal job security clauses on franchising, contracting, dedicated delivery – cut by Post using a wrong interpretation of WorkChoices.

We’re also calling on the Managing Director of Australia Post to block the awarding of any senior executive bonuses or pay rises until after EBA7 is voted on by members.

The CEPU is calling on Australia Post to meet – in an attempt to fix the remaining EBA7 issues.  We hope they will genuinely bargain.

If Australia Post refuses to genuinely bargain or improve their offer, the Divisional Executive has given the green light to take the necessary steps to get authority for protected industrial action.

Want to send your support to the CEPU for a better EBA7 deal?  Email us at eba7@cepu.asn.au

Decision 36 - Australia Post EBA7

“That the Divisional Executive acknowledges the clear expression of membership concern about the inadequacies of the Australia Post EBA7 offer and thanks members for participating in the EBA7 member survey.
           Members have sent a clear and direct signal about what they want addressed in the negotiations for a new EBA – one that rewards them fairly with a stronger set of wages and conditions.  The Divisional Executive notes the following member reaction through the survey:

• 91 per cent of members have rejected Australia Post’s 4 per cent per annum wage offer;
• 81 per cent are not satisfied with the $500 bonus;
• 95 per cent say they won’t be treated fairly if Post blocks access to arbitration-protection;
• 96 per cent think it’s unfair that members working alongside each other receive less money for doing exactly the same work – because of Post’s actions to deliberately manipulate shift start times to affect the awarding of penalty rates;
• Members want an agreement that lasts two to three years – but more members have opted for a two year agreement; and,
• If Australia Post refuses to meaningfully address union concerns about EBA7, 86 per cent said they would support taking protected industrial action to secure their rights at work.

In workplace visits and direct contact with members across Australia, members have said they are deeply concerned about the loss of job security clauses in EBA7 – and they are also concerned about losing compensation cover for suffering injuries during trips to and from work (or during off-site meal breaks).
The CEPU calls on Australia Post to listen to the views of our members and their families, by addressing the outstanding issues in EBA7.  The Divisional Executive authorises the Divisional Secretary to:

• Convene urgent talks between the CEPU, CPSU and Australia Post for the purpose of reaching a new EBA7;
• Communicate to Australia Post management the views of our members wanting a better, fairer EBA7 deal;
• Advise Australia Post that the EBA offer they submitted on 3 May 2007 cannot be accepted and will have to be improved, specifically:
  • Post will need to provide a higher pay offer due to their delay in resolving this EBA;
  • They will need to provide an agreement of two years’ duration that includes arbitration-protection and a guaranteed, enforceable resolution to the removal by management of penalty rates from full time and part time staff;
  • they must listen to employee calls for legal, WorkChoices compliant EBA7 clauses dealing with franchising, contracting and dedicated delivery;
  • Take all necessary steps for the union and its members to take protected industrial action after consultation with the Branch Secretaries of the Division – if Australia Post refuses to improve their offer or refuses to genuinely bargain.

The Divisional Executive further delegates its power under Divisional Rule 37(a) to the Divisional Secretary to decide the protected action to be taken after consultation with the Branch Secretaries of the Division.

Finally, Divisional Executive notes the stated commitment of Post to secure a collective wages agreement with the CEPU and CPSU. 

Should Post agree to genuinely bargain to resolve the outstanding matters on this EBA, the Divisional Secretary is authorised to call an urgent meeting of the Divisional Executive to help ratify the agreement.

That the CEPU calls on Graeme John as Managing Director of Australia Post to withhold the payment of all Executive staff remuneration increases including cash bonuses until EBA7 is accepted by Australia Post staff.”

Download this story as a .PDF document

Wednesday 2 May, 2007
Federal Government and Australia Post rip out journey cover

One year on from the start of the controversial WorkChoices laws, the Howard Government has introduced important changes to the Safety Rehabilitation and Compensation Act 1988 (SRC Act).

A critical change that will affect Australia Post workers involves journey cover.

Under the changes, you will no longer have workers’ compensation coverage for journeys between home and work and during recess breaks (lunch and tea breaks) away from your workplace.

Until now Australia Post employees have been covered for injuries sustained on journeys between home and work and during lunch breaks away from the workplace.

But, typically, Australia Post has not been slow in jumping on the Howard Government’s bandwagon of stripping away rights and entitlements of workers.  Australia Post refuse to commit to continuing compensation coverage for injuries sustained on journeys between work and home and during lunch and tea breaks away from the workplace.

Importantly, during EBA7 negotiations the CEPU called on Australia Post to continue to provide cover for workers’ compensation whilst on journeys between home and work and when away from work during tea and lunch breaks.  

Australia Post has refused to address this matter in EBA7.

Clearly these changes are less about ensuring an effective workers’ compensation system and more about limiting and restricting compensation payable under the Federal Government scheme, to the detriment of workers.

Australia Post cannot hide behind the changes to the SRC Act to defend its removal of employees’ eligibility for injury claims arising from travel between home and work and during recess breaks.   It is open to Australia Post to continue cover for all of its employees for the journey between home and work and during lunch and tea breaks away from the workplace.   Australia Post’s refusal to do so is a disgrace.

Note – Workers’ compensation continues to be payable when an employee remains at work during lunch or tea breaks or leaves the workplace or home for the purposes of his or her employment or at the employer’s direction.

If you would like more information on this or any other EBA7 issue or Your Rights at Work, please contact your CEPU Branch Office on (08) 8232 5999.

Wednesday 3 January, 2007

Motion 11 - AP EBA7

Dear Members,

Please note  the following motion was carried by the Divisional Executive

“Having received a report on the status of negotiations for a new enterprise bargaining agreement EBA7 for our members in Australia Post, Divisional Executive notes:

1. Australia Post’s commitment to reach a collective agreement with the CEPU and other unions for EBA7.   This recognises that by working together, we can help Post maintain its rightful claim to be a ‘world class’ service.
2. The agreement by Australia Post to protect members’ hard won and earned conditions by including the terms of earlier awards and agreements into EBA7.
3. Notes that some headway has been made during the talks, for example, securing the continued recognition of ‘seniority’ when considering applications for redundancy.   We also note that further work is required to protect conditions relating to OH&S and tea breaks.

While these developments are positive, the CEPU is still concerned by:

1. Management’s failure to improve its low wage offer of 3 per cent per annum.   Any management offer should reward Australia Post employees for the productivity achievements they have delivered to Post, nearly three times the national average.   The pay offer also stands in stark contrast to the massive bonuses management has rewarded to itself for Post’s strong performance.   Post should also realise their offer is less than inflation, which hurts the take home pay of members, already hard hit by rises in the cost of living.
2. The EBA is unenforceable because its dispute resolution clauses does not include a “last resort’ ability to fully involve the independent umpire – the Australian Industrial Relations Commission – through arbitration.
3. Australia Post is using WorkChoices to:
   • open up the entire retail network to conversion and franchising;
   • remove limitations on Dedicated Outdoor Delivery Only (DODO);
   • further casualise jobs and undermine job security.

In balancing the positive headway against the serious concerns still held in relation to management’s EBA7 offer, the Divisional Executive believes the current draft document would not be in the long term interests of its members or the Corporation.

The CEPU urges management to moderate its position to assist in finalising the talks as soon as possible.

Further, Divisional Executive members are asked to remain available to quickly meet at short notice over the holiday season to help consider any revised management EBA7 offer that might be presented in the short term.”

CARRIED Unanimously

Members Please note  although Australia Post have been forwarded a copy of this document, at this stage Australia Post has not responded to our Federal Office on the matter, however we are prepared to meet with Australia Post at any time over the Holiday Period to further the EBA7 discussions

Yours sincerely,

Noel Paul

Branch Secretary