Posties to walk off job from today

[*wheels*]

Posties to walk off job from today

http://www.abc.net.au/news/stories/2009/12/16/2773086.htm

Postal workers around the country will walk off the job this morning over an ongoing dispute with Australia Post.

The strike is taking place in every state but South Australia, where workers have postponed their action for 24 hours in order to deliver Higher School Certificate results.

Australia Post says only 25 per cent of its employees are planning to walk off the job and the disruption to deliveries should be minor.

But Ed Husic from postal workers' union the CEPU, says that figure is inaccurate and Australia Post is playing it down.

"The numbers are clear, people are prepared to take action to get a better deal and Australia Post needs to fix that, rather than playing word and number games," he said.

The CEPU says the strike is part of on-going action that includes bans on overtime, sorting parcels, and checking postage - and that the strike has received unprecedented support from its members.

The duration and start times of the strikes will vary from state to state, but the CEPU says they are happening everywhere.

Mr Husic says the bans could continue on Friday and into next week.

Australia Post spokesman Alex Twomey says the decision is disappointing.

"We understand that there will be some form of overtime bans, we expect some staff to not attend work," he said.

"What's really happened here is that the union has gone back on their promise last week to not disrupt the mail.

"They have now decided to do so, at a time when Australians need Australia post the most."

Mr Twomey says they will be able to call in enough extra staff to minimise the impact.

"We'll be working around the clock to ensure that people's Christmas cards and presents go through," he said.

Communications Workers Union secretary Joan Doyle says the strike was a last resort after negotiations with Australia Post management stalled.

"The partial work bans aren't going to work and the postal workers have decided well they may as well take strike action if they're going to get their pay docked," she said.

There is no legal challenge to the industrial action at this stage.

[tellomon]

*going POSTAL snipe*

en.wikipedia.org/wiki/Going_postal

crime.about.com/od/issues/a/aa040717.htm

[*wheels*]

Picket line posties 'almost run down'

http://www.abc.net.au/news/stories/2009/12/16/2773352.htm

Australia Post workers on a picket line in Melbourne claim they were almost run down by delivery trucks this morning.

Postal workers are taking industrial action for 48 hours as part of a dispute over pay and conditions.

Ray Gorman, from the Communications, Electrical and Plumbing Union, (CEPU)says workers at the Sunshine West plant were forced to jump out of the way as trucks sped into the depot.

"At first they were coming around slowly, then all of a sudden every truck that came around, came around at a real rate of knots and we had to dive out the way," he said.

"I actually asked the transport manager if he'd ordered these people to do it but he wasn't forthcoming with an answer, but it was obvious.

"It was pretty dangerous."

[tellomon]

"Pretty Hairball!"

[shyer]

Run the bastards over. to quote pig iron bob

I have no problems with peaceful demonstrations However blocking access and assualting managers are NOT peaceful. If you do not like the job ,pay or conditions . Leave and let some one who wants that job take it. Union strikes and blockades are last century the real world is now be productive or get lost.

[low-enghooi]

the real world is now be productive or get lost.

Can I say I agree with you?

[*wheels*]

Australia Post goes to court over strike

http://www.abc.net.au/news/stories/2009/12/16/2773698.htm?section=justin

Australia Post has launched legal action in the Federal Court in Melbourne against the union for postal workers over picket lines at Victorian mail centres.

Mail centres at Dandenong, Melbourne Airport, Geelong and Ardeer are being picketed as part of an industrial action over a dispute over pay and conditions.

The union says the 48 hour strike is part of on-going action that includes bans on overtime, sorting parcels, and checking postage.

Australia Post is seeking injunctions against the picket lines, claiming they breach national workplace laws.

The Federal Court has heard Australia Post wants the injunctions in place urgently, so mail can be processed this evening.

The court heard the case is a test of new provisions in the national workplace laws.

The hearing will continue this afternoon.

[gr8-expectations]

Run the bastards over. to quote pig iron bob

I have no problems with peaceful demonstrations However blocking access and assualting managers are NOT peaceful. If you do not like the job ,pay or conditions . Leave and let some one who wants that job take it. Union strikes and blockades are last century the real world is now be productive or get lost.

sometimes though shyer (and i take your point) the baby gets thrown out the bathwater in the rush to the "new" all those rights were very hard won and when they were not in place (as in the late 19th cent for example) people died as a result of unsafe workhouses (places) got paid peanuts etc. its a very fine line indeed and at the end of the day i doubt the postal workers want to be on strike at all, their backs may just be up against the wall and they feel they have been pushed too far by corporate greed

not a wise move to remove those rights altogether

by the same token i can think of a hell of a lot more industries that are grossly underpaid and deserve attention  more than aussie post workers.

[*CountessA*]

It's a difficult situation.

Most of us will probably have sympathy with the posties' plight. I suppose most of us are also worried about whether the action being undertaken is truly and fully justified in every aspect?

Preventing others from going in to do their work is not, as far as I understand it, lawful behaviour.

I thought some of you might be interested in reading this - it dates back to May 2004, and involves Australia Post and industrial action. Surprise, surprise...

Federal Court finds picketing might be protected action and certified agreements might have contractual effect
 
Contact: Steve Bell  and Paul Burns  of  Freehills
 
In a recent decision, Justice Finkelstein of the Federal Court reopened the debate surrounding the legal status of 'picketing' and whether certified (or unregistered) agreements can operate and have effect as contracts at common law.

Facts

In support of their position in an ongoing industrial dispute, the CEPU notified Australia Post of their intention to impose a 'peaceful picket line'. An employee of Australia Post, Mr Shead, took part in the picket line and is alleged to have engaged in various forms of unruly behaviour in breach of Australia Post's Code of Ethics.

Australia Post investigated Mr Shead's conduct on the picket line. The outcome of the investigation was that dismissal was recommended.

The CEPU commenced proceedings in the Federal Court seeking an injunction to prevent the dismissal of Mr Shead by reference to section 170MU of the Workplace Relations Act 1996. This provision prevents an employer from prejudicing an employee in their employment because they have engaged in protected industrial action.

For present purposes, the principal issue for determination was whether picketing could constitute 'industrial action' for the purposes of section 170MU. If it could not, the CEPU's application must fail. In the course of examining this issue, Justice Finkelstein did however offer his view on whether a certified agreement could have effect as a contract at common law.

'Picketing' as protected industrial action?

After reviewing the authorities, Justice Finkelstein held that whether picketing could be 'industrial action' was far from clear. As a result, his Honour rejected Australia Post's primary contention that an injunction could not be issued because 'picketing is not and can never be industrial action'.

Justice Finkelstein ruled that the correctness of Australia Post's contention had not been authoritatively determined. On the basis of this finding and the connection between the picket line and investigation conducted by Australia Post, his Honour decided to grant the injunction sought. He concluded that in this case, Australia Post was not helped by the reverse onus in section 170MU(3) noting that 'a borderline case will go against the employer' at the injunction stage.

The injunction prevents Australia Post from moving to terminate Mr Shead by reference to his conduct on the picket line until the final hearing and determination of the matter.

Agreements as contracts?

The relevant certified agreement provided for a process to be followed in disciplinary matters. In this context, his Honour considered whether the notice given to Mr Shead of the investigation might amount to a 'breach of contract'. This called for consideration of whether the certified agreement constituted a contract between the parties.

Justice Finkelstein considered the Victorian Appeals Court decision of Ryan v Textile Clothing and Footwear Union of Australia . In that case, it was held that the relevant agreement under consideration (which was an unregistered agreement) did not give rise to a contract.

Justice Finkelstein held that he was 'tentatively inclined to take the opposite conclusion'. This was because he found that:

    * the parties to the Australia Post agreement were clearly defined;

    * there was an intention to create legal relations; and

    * there was 'consideration' in the form of both parties' promises.

His Honour did couch his view as a 'tentative' one and no reference was made to a recent Federal Court decision where it was found that a certified agreement did not operate as a contract. Accordingly, his Honour's finding should not necessarily be taken to overturn what was generally considered to be the settled position with respect to the status of certified and unregistered agreements at common law.

Implications for employers

    * Peaceful picketing does not contravene the law. It is only in the context of bargaining that the issue of picketing being protected industrial action can arise. Whether the conduct is unlawful and actionable by an employer will depend upon the circumstances of each case.

    * The decision does not mean that unions and employees have a licence to conduct unruly pickets. Employers will continue to have access to the courts for relief in the overwhelming majority of picketing cases where pickets are not conducted peacefully or lawfully.

    * The courts generally have had some difficulty in concluding that collective agreements between an employer and unions (whether certified or not) have contractual implications. This is primarily due to the elements required for the formation of a binding contract, with agreements of this nature generally having industrial consequences. The decision may reopen the debate, however compliance with the particular industrial instrument will mean that the employer cannot be exposed to any claims for breach (whether pursued under the statutory scheme or at common law).

[*wheels*]

Strike likely to cause more mail disruption

http://www.news.com.au/breaking-news/strike-likely-to-cause-more-mail-disruption/story-e6frfku0-1225811121435

THE union that represents postal workers has warned mail services will deteriorate further with strike action likely to continue at least until the end of the week.

Strike action and picket lines at some mail centres completely stopped deliveries in Victoria today with about 4.1 million items prevented from reaching their destinations.

The union has since agreed to stop the delay of mail trucks and harassment of workers trying to cross picket lines in Victoria following Federal Court action by Australia Post.

Lawyers for Australia Post had sought an urgent injunction to discontinue the alleged abuse and obstruction of trucks by 6pm (AEDT) to ensure the movement of mail.

They claimed the picket lines breached national workplace laws.

The application singled out union action which blocked mail trucks at centres in Dandenong, Melbourne Airport, Geelong and Ardeer during the busiest period of the year.

Up to 20,000 postal workers across Australia walked off the job or were involved in rolling stoppages today.

Strike action took place in all states except South Australia where workers agreed to stay on the job until tomorrow to ensure school students received their Year 12 exam results.

The action was initially set to last for 48 hours but the Communications, Electrical and Plumbing Union (CEPU) has warned mail services cannot be relied upon until the dispute is resolved.

"Services will further deteriorate. They will not improve,'' CEPU New South Wales state secretary Jim Metcher said.

Australia Post employees want a new workplace agreement which protects penalty shifts, rosters and take-home pay, and are calling for improved workplace safety conditions.

The CEPU has been locked in an industrial dispute with Australia Post since 2006, with the most recent round of negotiations breaking down earlier this month.

"Why is it that this is the third Christmas that 32,000 postal workers across Australia have had to wait to reach a new agreement, an agreement that protects their pay, that protects their safety at work, but also that protects their job security,'' Mr Metcher said.

Australia Post spokesman Alex Twomey said he was confident mail services would continue in most states, but had concerns over the situation in Victoria.

About a quarter of the state's Australia Post staff did not show up for work today while picket lines prevented mail from getting out of mail centres.

"We've got excellent arrangements in other states and we're getting a lot of support from our staff and having very minor disruptions, so we've got not a lot of concerns,'' Mr Twomey said.

"But in Victoria we have real concerns because we knew that we could handle it with two thirds of our staff willing to work but illegal picket lines is another thing altogether.''

The Communications Union dismissed claims its members had obstructed trucks or harassed workers on sites, although it said those people responsible had been asked to move by union delegates.

Counsel for Australia Post rejected the argument, saying the picket was organised and under the complete control of the union.

In an eleventh-hour move, the union agreed not to prevent access to the postal sites or abuse people entering Australia Post sites.

It also agreed to notify members at picket lines at Ardeer and Dandenong by 8pm (AEDT) today.

Picket lines at Geelong and the airport had since ceased, the union said.

[*CountessA*]

Unbelievable...

This is where sympathy for the postal workers and the union breaks down, when it's all too clear they ARE harassing workers and acting illegally with picket lines set up to prevent the mail from coming in or going out.

[lacey]

Run the bastards over. to quote pig iron bob

I have no problems with peaceful demonstrations However blocking access and assualting managers are NOT peaceful. If you do not like the job ,pay or conditions . Leave and let some one who wants that job take it. Union strikes and blockades are last century the real world is now be productive or get lost.

I totally agree!

This is just another way of getting more overtime.  Next week they will be run off their little scooter trying to deliver b4 Chrissy. 

SHAME! SHAME! SHAME![/size]

[lacey]

oops.   


but I'm not changing it!

[*CountessA*]

LATEST NEWS - JUST IN

Postal strike brought to an end, for now
BEN SCHNEIDERS
December 17, 2009

LEGAL challenges have halted nationwide industrial action at Australia Post that yesterday shut down Victoria's mail system with more than 4 million letters and parcels unable to be delivered.

Last night national workplace relations tribunal Fair Work Australia ruled in favour of an application by Australia Post that will suspend today's planned nationwide strike action, and separate legal action in the Federal Court saw the union agree to abandon pickets at sites in Victoria.

Communications Electrical Plumbing Union (CEPU) national president Ed Husic said the union had been ordered by Fair Work Australia to not proceed with a series of planned strikes for today through to Monday.

He said union members could still engage in work bans such as not checking mail for stamps. It is believed they would be unable to resume big strikes until at least next Tuesday.

Australia Post spokesman Alex Twomey said the main impact of yesterday's nationwide strike was felt in Victoria and there was only ''minimal impact'' in NSW and Queensland and no impact elsewhere.

Mr Husic said Post's claims were wrong and that mail had slowed to a trickle right along the eastern seaboard, with ''strong support'' to the union from Post employees.

Mr Twomey said Post was able to manage staff going on strike - he said fewer than a quarter of its 35,000 staff took industrial action yesterday - but the pickets in Victoria had stopped mail moving.

The threat of mail stopping for a second day in Victoria appeared to recede last night after an application to the Federal Court by Australia Post.

The CEPU agreed to not prevent access to postal sites and to notify its members at the picket lines.

Australia Post said a left-wing activist network, Union Solidarity, was involved in the Victorian pickets. Union Solidarity, which said it folded in February 2009, had played a big role in a number of industrial disputes when the Howard government was in power and was used to bypass tough anti-strike laws.

Mr Twomey said most of those on the picket lines were not its employees and some came from other unions. Reports last night indicated the picket lines were being dismantled, he said.

He was ''disappointed'' that Victoria Police had failed to remove the ''illegal pickets'' that were threatening an essential service. ''We've placed calls; they've said they had no real interest,'' he said. Victoria Police did not respond.

Yesterday's strike comes after long-running talks over a new enterprise agreement between the parties broke down over issues including safety, job security and take-home pay.

The union and Post expressed a willingness to talk to resolve the dispute but accused each other of acting in bad faith.

As well as claims that a senior Post manager was assaulted after driving a truck to a picket line, there were contested claims from the union that people on the pickets were nearly run over.

Communication Workers' Union branch secretary Joan Doyle said management had been ''provocative'' and there had been attempts to run over picketers. She said there were about 60 to 70 people at the Dandenong mail centre.

Ms Doyle said the industrial action was over Post's revenue and increasing of their costs.

Mr Twomey said if the pickets in Victoria were lifted, delays in the mail could be limited to only a day.

Australia Post was also attacked by the Major Mail Users of Australia chief executive, John Gilroy, who represents big business mail users, who yesterday accused Post of acting like a ''Big Brother monopoly'' and often acting arrogantly.

[gr8-expectations]

DAMMMMM! there foes my late posting excuse straight out the window....

[gr8-expectations]

"Australia Post was also attacked by the Major Mail Users of Australia chief executive, John Gilroy"


see countess you need more proof of violence?

[Centuries]

Run the bastards over. to quote pig iron bob

Although it is not important (and off topic) I would like to correct the above and I hope shyer does not mind.  

"Run the bastards over ..." was a directive given by the then Premier of NSW,  Sir Robert Askin.  I was given a first hand description of what happened.  


BILL PEACH: The Vietnam War probably was the major mover and shaker of those times. It really did divide people and split people. People were being conscripted to fight in that war, and LBJ was - Lyndon Johnson - was the great exponent of this policy. He came to Australia. Sir Robert Askin, the Premier of NSW, rode with him in the motorcade. The protesters were out on the street, and LBJ said, "What are we going to do?" And Askin apparently said to his cohorts and to the police, "Run over the bastards.



---"Pig Iron Bob" was the nick-name for Sir Robert Menzies.