As previously advised, Australia Post lodged a dispute notification regarding the CEPU’s ban on the driving of the new Mercedes Sprinter SPB vans.
The AIRC considered this dispute application yesterday.
The union put its position that it had attempted – over a number of months – to get Post to respond to the concerns of our members about the deficiencies in the new vans that presented safety risks to employees and the public.
Post claimed that it had responded to these concerns – and then, instead of dealing with the genuine safety concerns of our members tried to play “wedge politics” by claiming that the ban wasn’t being applied nationally.
- Despite the fact that a nationally convened Divisional Conference – the highest decision making body of the union – took a position on this issue (you can see that here);
- Despite the fact that the ban was placed on the union’s national website – to apply nationally; and,
- Despite the fact that ALL STATES have issued advice calling on members to adhere to the ban.
The Commission recommended that the ban be lifted, without relying on any advice that states that driving the new vans is safe.
The Commissioner said: “A familiarisation process for all employees of the new vehicles is available and any driver seeking to undertake additional familiarisation should be encouraged to do so without fear of adverse report or comment. It is obvious that drivers will undertake extreme care in the operation of the new vehicles.”
The Commissioner’s recommedation can be found here: C2007-2702.
Some of our members who have objected to driving these vehicles have decades of experience. They hold legitimate concerns.
- “Extreme care“, while trying to collect mail under time pressures to perform, is not sustainable. And Post has not issued any advice following the hearing to tell drivers they can take more time to comply with the Commission’s recommendation about “extreme care“.
The AIRC recommendation – we respectfully point out – is not based on any safety advice whatsoever.
The safety of individual employees and members of the union remains paramount.
On this basis we call on members to do something that we rarely advise: if you believe that your safety is compromised by driving these vehicles, then you should ignore the AIRC recommendation.
You have a basis in law and agreement to do this.
We point out the following:
Workplace Relations Act 1996, section 420 (1) states:
” For the purposes of this Act (industrial action)…. does not include the following:
(g) action by an employee if:
(i) the action was based on a reasonable concern by the employee about an imminent risk to his or her health or safety; and
(ii) the employee did not unreasonably fail to comply with a direction of his or her employer to perform other available work, whether at the same or another workplace, that was safe and appropriate for the employee to perform.
We also point out the following from the Australia Post OH&S Agreement – which offers similar protections to employees:
“3.4.2 Each employee must, whilst at work, take all reasonably practicable steps to ensure that:
(i) the employee does not take any action, or make any omission, that creates a risk, or increases an existing risk, to the safety of any person…”
3.4.3 “…the employee’s right to cease a particular task when the employee genuinely believes it involves acceptable and probable risk of physical injury or danger to health. If an employee exercises this right, he/she must notify their HSR or their supervisor as soon as reasonably practicable, in accordance with the requirements of the OHS Act.”
It’s typical of the type of senior managers that rule the roost in Australia Post today, particularly in MND, to have no regard whatsoever for their employees.
They won’t listen to employee concerns and they bully employees and other managers who raise workplace safety issues.
Senior management can play all the games they like and try to downplay the genuine concerns of their employees.
But know this — if a member of the CEPU has a genuine and reasonable concern for their safety — the Corporation must deal with that concern.
Again, we make these recommendations to you, conscious that we rarely – if ever – call on members to ignore AIRC recommendations.
However, we weigh this against a genuine belief in our responsibility as a union to its members to do our utmost to protect and enhance the safety and well-being of our members and the wider community. This, we believe, is paramount.
Advice to members
We repeat our advice to members:
- If management ask you to drive the vehicles, indicate that the union has banned members from driving the vans because they compromise your safety.
- If management direct you to drive the vehicles, you as an individual are entitled to refuse that direction on the grounds that you are being directed to perform a task that you believe is not safe. This right is granted to you under the law and the Australia Post OH&S Agreement.
- Post is entitled to provide you with alternate duties in the meantime.
- If management threaten to discipline you contact the CEPU State Office immediately on (02) 9893 7822
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