[2012] FWA 2413
General information, not legal advice.
Fair Work Australia
2012-03-21
Original judgment source is linked above.
s.739 - Dispute resolution
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Australian Postal Corporation T/A Australia Post
Alleged dispute concerning possible redundancies at the Port Melbourne Delivery Centre.
[1] The consultation process under Clause 33 concerning the proposed restructure has been implemented.
[2] It is noted that there were some deficiencies in the process of consultation with staff and the issuing of the Form A. The union disputed the reduction by three in the number of PDC 1 positions in the proposed restructure.
[3] Notwithstanding this the parties and Fair Work Australia will act on the basis that the dispute is at step 7.5 of the Australia Post RRR process and the dispute is at the stage set out in Clause 19.2 dispute settlement.
[4] There is a remaining dispute over whether or not the one or two PDC 1 positions are surplus as the union claims that the job requirements for available positions have essentially not changed. It is noted that one position was surplus and a voluntary separation has resulted. This will not be disturbed. It is noted that a further position may be surplus following acceptance of a transfer. In the event that the transfer is accepted this position will also not be disturbed.
[5] Australia Post will meet with State and National union representatives to enable Australia Post to provide information to satisfy the union that the positions are not essentially the same and to enable the union to further discuss that information. That discussion will take place within the next week.
[6] In the event that agreement is not reached through that process Fair Work Australia will make a recommendation to resolve the issue as to whether or not the position(s) are surplus and a conference will be held for that purpose at 10am on 29 March 2012.
[7] In the event that the position(s) are determined to be surplus then changes which have already occurred will not be reversed and the question of voluntary redundancy or transfer or promotion for the remaining surplus position(s) will be resolved through consultation. The remaining persons will be confirmed in their existing positions.
[8] The current voluntary package offer which is in progress will be put on hold until the conclusion of this process on 29 March 2012. In the event that the position is deemed surplus the person must accept or reject the position by close of business on 30 March 2012 and the cooling off period will end on 3 April 2012.
Printed by authority of the Commonwealth Government Printer
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Australian Postal Corporation T/A Australia Post [2012] FWA 2413