The Australian Industrial Relations Commission (AIRC) has issued orders late today for all Postal Delivery Officers who perform outdoor delivery duties by motorcycle in NSW and the ACT to;
Complete the Motor Cycle Daily Pre-Ride Inspection in the customary manner.
Complete the Motor Cycle Daily Pre-Ride Inspection Checklist for the purpose of recording the Postal Delivery Officers daily finding and to report all identified faults.
Initial the checklist or make the declaration “You are declaring on the basis of your inspection that the vehicle is safe for use on the day upon which checks are made” which declaration is contained in the checklist whilst Australia Post continues to undertake to indemnify all Postal Delivery Officers who perform outdoor delivery duties by motorcycle for any possible legal and/or financial consequences arising from a Postal Delivery Officer initialling the checklist or making the declaration.
The order is effective from 3pm Monday 23 March 2009 for the duration of three (3) weeks.
On this basis the CEPU directs all Delivery members in NSW and the ACT to immediately abide by this Order made by the AIRC.
What does this mean now for all NSW and ACT Delivery Members?
Firstly, the Order made by the AIRC redirects the responsibility and accountability from Delivery employees back to Australia Post in terms of duty of care and most importantly any possible legal and/or financial consequences arising from an incident involving an Australia Post motorcycle, irrespective of a Postal Delivery Officer initialing the checklist or making the declaration contained within the present Motor Cycle Pre-Ride Inspection Checklist.
This indemnity issue is significant for all Delivery employees in NSW and the ACT given the inappropriate behavior of Australia Post management up until now in DELIBERATLEY shifting their responsibility and accountability in terms of duty of care, that in effect left every single motor cycle Delivery employee and their family hanging out to dry without an indemnity associated with potential incidents involving an Australia Post motorcycle.
ALL DELIVERY MEMBERS NOTE:
The undertaking made by Australia Post to provide indemnity for all NSW and ACT Delivery employees was not made by Australia Post to the AIRC until Friday evening 20 March 2009, after evidence to the AIRC had been completed and only after the AIRC formally requested for Australia Post to declare their position for an indemnity for all NSW and ACT Delivery employees.
Secondly, the Union will now in conjunction with Union legal representatives pursue Australia Post to enter into a formal individual indemnity arrangement within three (3) weeks for every single NSW and ACT Delivery employee who is required to perform motor cycle duties.
Thirdly, the Union will seek urgent assistance from the AIRC in a separate application to address major concerns with the process and procedures adopted by management that apply to the Motor Cycle Daily Pre-Ride Inspection Checklist in terms of;
Delivery employee’s competency skills and/or qualifications to complete the Motor Cycle Daily Pre-Ride Inspection Checklist.
Training and Education enabling Delivery employees to complete the Motor Cycle Daily Pre-Ride Inspection Checklist.
Proper provisioning in daily MOS assessments for Delivery employees to complete the tasks associated with the Motor Cycle Daily Pre-Ride Inspection Checklist.
All NSW and ACT Delivery employees can take credit for the achievement associated with Australia Pot being forced to provide all NSW and ACT Delivery employees with an indemnity who are required to perform motor cycle duties.
Whilst the process and procedures that apply to the Motor Cycle Daily Pre-Ride Inspection Checklist mentioned above remain unresolved and where such matters are heading back to the AIRC, it is important that all Delivery members perform these tasks as Ordered by the AIRC.
Therefore, it will be necessary for all AURs and with the assistance of Delivery members to report immediately to the Union all details associated with any threatened or actual disciplinary action taken by management representatives including unpaid wages in terms of the actual time taken to perform these checks as Ordered by the AIRC (irrespective of managements inappropriate MOS assessment time allocation).
For further information on these matters, AURs and members are encouraged to contact their Union Official on (02) 9893 7822.
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