Australian Postal Corporation T/A Australia Post Summary

[2021] FWCA 5966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Postal Corporation T/A Australia Post
(AG2021/7054)

AUSTRALIA POST ENTERPRISE AGREEMENT 2021

Postal services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 23 SEPTEMBER 2021

Application for approval of the Australia Post Enterprise Agreement 2021

[1] Australian Postal Corporation T/A Australia Post (the Employer) has made an application for approval of an enterprise agreement known as the Australia Post Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that clauses 10.5.1, 21.5, 21.15 and 23.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.3.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Community and Public Sector Union, and the Transport Workers' Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 23 September 2021 and, in accordance with s 54, will operate from 30 September 2021. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission related to the approval of the Australia Post Enterprise Agreement 2021. The applicant, Australia Post, sought to have the agreement approved under the Fair Work Act 2009. The dispute arose from negotiations between the employer and employee representatives concerning terms and conditions of employment. The Commission was tasked with determining whether the agreement met the criteria for approval as set out in the legislation.

The primary legal issue for the Commission to decide was whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to assess if the agreement provided for a direct, simple, and clear communication of terms, and whether it met the "better off overall test," ensuring that employees were not disadvantaged compared to their previous conditions. Additionally, the Commission considered whether the agreement was free from any unfair content that could be detrimental to the employees.

The Commission examined the details of the proposed agreement and found it to be in compliance with the statutory requirements. The agreement was deemed to effectively communicate the terms and conditions of employment directly and clearly. It was concluded that the agreement satisfied the better off overall test, providing benefits that outweighed any detriments for the employees. The Commission further determined that there was no unfair content present in the agreement that would adversely affect the employees. Consequently, the application for approval was granted, and the Australia Post Enterprise Agreement 2021 was approved.

The Fair Work Commission approved the Australia Post Enterprise Agreement 2021, effective from the date of the decision. This decision ensures that the agreement will serve as the basis for employment terms and conditions for the relevant employees under the approved framework.

Australian Postal Corporation T/A Australia Post

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established