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2015-02-16

FWC

FWC finds no transferring employees at ABnote

The FWC (Commission) has dismissed ABnote’s application that the Australia Post enterprise agreement should not apply to any PostConnect employees who are employed by ABnote.

In dismissing ABnote’s application Commissioner Roe said the Commission had no jurisdiction to make the order. “The Commission is only empowered to exercise jurisdiction in relation to a transfer of business which will only occur if it exercise jurisdiction.

Commissioner Roe relied on a previous decision by VP Hatcher saying the circumstances in that case were the same as in the present case. That is, the offers of employment are conditional upon the FWC granting the order. And there had been no transfer of business and no transferring employees at the date of the application.

Commissioner Roe also went on to say that it is not in the public interest to remove employees from collective agreement coverage. Of the 13 offered employment only 3 would be covered by the ABnote Agreement, 2 by the Clerks Award, 2 by the Graphic Arts Award and 7 by the National Employment Standards.

He noted that the CWU had advised the Commission that we did not wish to make any submissions because it might affect the employment prospects of its members. Basically Post’s deal with ABnote only goes to the sale of assets. Post did nothing to help PostConnect employees. Despite the Commission’s decision it is still open to ABnote to offer employment to PostConnect employees. We hope they do. 

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