Australian Postal Corporation ('Australia Post') Summary

[2013] FWCA 4941

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Postal Corporation ('Australia Post')
(AG2013/7473)

AUSTRALIA POST ENTERPRISE AGREEMENT 2013

Postal services
COMMISSIONER GREGORY	MELBOURNE, 22 JULY 2013

Application for approval of the Australia Post Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australia Post Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Postal Corporation (‘Australia Post’). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Community and Public Sector Union (CPSU), Association of Professional Engineers, Scientists and Managers Australia (APESMA), Transport Workers Union (TWU), Communications, Electrical and Plumbing Union (CEPU) and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Australia Post applied for the approval of the Australia Post Enterprise Agreement 2013. The applicant, Australia Post, sought the Commission's approval of the proposed agreement, which contained various terms and conditions of employment for its employees. The Fair Work Commission was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act. This involved assessing whether the agreement provided for the fair and efficient operation of the business, and whether it contained provisions that were in the best interests of the employees. The Commission also had to consider whether the agreement provided for the protection of employees' rights and entitlements, and whether it complied with any relevant industrial instruments or awards.

The Fair Work Commission found that the proposed agreement met the criteria for approval. The Commission determined that the agreement provided for the fair and efficient operation of the business and contained provisions that were in the best interests of the employees. The Commission was satisfied that the agreement provided for the protection of employees' rights and entitlements, and that it complied with any relevant industrial instruments or awards. The Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission approved the Australia Post Enterprise Agreement 2013, subject to certain modifications. The modifications included changes to the agreement's provisions on employee entitlements, such as leave and redundancy payments, to ensure compliance with the Fair Work Act. The Commission also required the agreement to include a dispute resolution process for employees to address any issues that may arise during the term of the agreement. The approval of the agreement ensures that Australia Post and its employees have a clear and agreed-upon framework for their employment relationship.

Australian Postal Corporation ('Australia Post')

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established