As you know we have battled Australia Post for over a year about the threats to transport member safety presented by the move to introduce the new Mercedes Sprinter vans without side windows.
We have consistently argued the vans are not fit for purpose and that the lack of side windows severely limits driver vision – and, therefore, safety. Now Post has withdrawn its appeal.
Why has this happened?
On Monday 20 July the issue of safety with the Mercedes Vans was again before the Industrial Relations Commission (AIRC). Post was make submissions against the decision of Comcare. Members will recall that Comcare had found that:
– Australia Post had breached the Occupational Health and Safety Act (penalties apply) and
– That the use of the Mercedes Vans constituted a “real risk” to the health and safety of drivers and
– That side windows may be required in Mercedes vans However, just minutes before the time when Post had to put a witness in the box to justify their position, Post withdrew its appeal and agreed to the Improvement Notice. Their evidence would have been interesting. For example they told Comcare in writing that it would cost $24.25 million to fit one window. Compare this with the total cost of the 900 Vans – about $40 million. Then their witness in a signed statement said it would cost only $1.06 million. Then on the day they gave us an update saying it would cost $0.74 million.
Post has now agreed that it will take action to prevent any further breach or likely breach (of the law).
The CEPU had also appealed and our consent was needed to allow the matter to proceed. We gave conditional consent. This is recorded in the Order of the AIRC as follows:
The intent of these steps is that Australia Post will now proceed to comply with the Improvement Notice. The CEPU will be free to pursue its appeal in the event that it considers this necessary, including if it is dissatisfied with the steps taken by Australia Post to comply with the Improvement Notice or if any adverse action is taken by Australia Post against any member of the CEPU who refuses on safety grounds to drive a Mercedes Benz Sprinter van…. The (CEPU) appeal is adjourned generally with liberty to the appellant (CEPU) to apply to have the appeal relisted on 2 days notice.
Where to now?
Australia Post is required to publish the Improvement Notice on all notice boards to alert other drivers to the actions that Post must take to address the risks associated with driving the vans.
In accordance with the Improvement notice Australia Post is required to consult with drivers and the CEPU about the safety issues associated with the lack of side windows in the Mercedes vans. They must identify the risks, assess the risks and implement risk control measures to eliminate or minimise any risks, including but not limited to “the installation of additional windows” where necessary. Our bans remain in force. It Post take any action to threaten, disadvantage or otherwise pressure you to drive a Mercedes Vans, and you agree with Comcare that a real risk exists to your health and safety, then contact us immediately. Do not make any statements or take a risk by driving a van under threat!
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