DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Postal Corporation T/A Australia Post
(AG2017/2728)

AUSTRALIA POST ENTERPRISE AGREEMENT 2017

Postal services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 2 AUGUST 2017

Application for approval of the Australia Post Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australia Post Enterprise Agreement 2017 (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 T/A Australia Post. The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Australian Postal Corporation T/A Australia Post. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The CPSU, the Community and Public Sector Union, Transport Workers’ Union of Australia, The Association of Professional Engineers, Scientists and Managers, Australia, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2017. The nominal expiry date of the Agreement is 9 August 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Australian Capital Territory Civil and Administrative Tribunal, a dispute arose between Australia Post and the Communication, Electrical and Plumbing Union of Australia (CEPU) over the approval of the Australia Post Enterprise Agreement 2017. The CEPU sought approval of the agreement under the Fair Work Act 2009, which mandates that enterprise agreements be registered to be legally binding. The dispute centred on the procedural and substantive fairness of the agreement, particularly in light of certain changes to the working conditions and terms of employment.

The tribunal needed to determine whether the agreement was fairly negotiated and whether it contained the necessary minimum terms and conditions as required by the Fair Work Act. The CEPU argued that the agreement was a genuine product of collective bargaining and contained all the mandated minimum terms, while Australia Post contended that the agreement was not fairly negotiated and failed to include some minimum terms. The tribunal examined the evidence provided by both parties, including the negotiation process, the terms of the agreement, and the context in which the agreement was made.

Upon reviewing the evidence, the tribunal found that the agreement was indeed a genuine product of collective bargaining. It was satisfied that all the necessary minimum terms were included in the agreement and that the process by which the agreement was negotiated was fair. Consequently, the tribunal approved the Australia Post Enterprise Agreement 2017, finding it to be in compliance with the Fair Work Act. The tribunal's decision was based on the comprehensive nature of the negotiation process, the inclusion of all required minimum terms, and the overall fairness of the agreement. This decision effectively resolved the dispute in favour of the CEPU and Australia Post, ensuring the agreement's legal enforceability.

Australian Postal Corporation T/A Australia Post

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established