Sch. 6, Item 4 - Application to make a modern award to replace an enterprise instrument. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2014] FWCFB 5403

[2014] FWCFB 5403

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 6, Item 4 - Application to make a modern award to replace an enterprise instrument.

Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia

(EM2013/97)

POSTAL SERVICES INDUSTRY AWARD 2003

VICE PRESIDENT WATSON

DEPUTY PRESIDENT SMITH	MELBOURNE, 8 AUGUST 2014
COMMISSIONER LEE

Application by Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia (CEPU) for a modern enterprise award -
Postal Services Industry Award 2000 - (Transitional Provisions and Consequential
Amendments Act 2009 Schedule 6 sub-item 4(5), 9(3) - Fair Work Act 2009 s.57.

[1] In December 2013 an application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (the CEPU) for a modern enterprise award to be made to replace the Postal Services Industry Award 2003. It was contended in the application that this award is an enterprise instrument because its application is confined to licensees and franchisees of Australia Post.

[2]        By letter dated 28 July 2014 the CEPU sought leave to withdraw its application. That

letter states:

“We refer to the above application. After further consideration of the matter and conference before the Full Bench of the Commission, we seek leave to withdraw the application.

We further believe that the Award is not a suitable instrument to set an industry standard as the Award only covers a small element of the industry, while Australia Post is effectively the industry. The Australia Post Awards are the subject of a separate application.

We have discussed the matter with POAAL who have no objections. We have not been able to contact LPOG.

We advise that in relation to the conference before the Full Bench, we were surprised to receive an email (after the conference) from LPOG in relation to their attendance.

[2014]  FWCFB 5403

We had been advised that the LPOG representative could not attend the Full Bench hearing as she had to attend another Court that day.”

[3] On 31 July 2014 the Post Office Agents Association Limited (POAAL) wrote to the Commission indicating that the CEPU letter misrepresents its position and that it is opposed to the withdrawal of the application. It states that an award dedicated to the circumstances of the postal services industry is essential to the current operating and payment regime under which its members operate.

[4] As the enterprise award modernisation process under item 4 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 operates “on

application” and as the CEPU has withdrawn its application, the Commission proposes to take no further action on the matter and to close its file. Parties that may be affected should take whatever further action they deem appropriate.

VICE PRESIDENT

Appearances:

Ms C Gee and Mr D Dwyer for the Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union of Australia.
Mr D Burns for the Post Office Agents Association Limited.

Hearing details:

2014
Melbourne
7 July

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