In a meeting with the CWU this week, Post said the deal with ABnote only goes to the sale of assets and not the transfer of employees. As far as Post is concerned it has washed its hands of PostConnect employees.
Basically, they have sold the business. They will be making everyone redundant. They will not do anything to assist future employment of PostConnect employees with ABnote.
However ABnote has visited PostConnect workplaces and some offers of employment are expected.
The union’s view is that this is a classic case of transfer of business under the Fair Work Act (FWA) hence there are implications for Post and ABnote in such a transfer.
Arguably the most important transfer of business provisions under the FWA are those that provide for transferring employees to remain covered by an enterprise agreement from the old employer (in this case AP EBA) exclusively and indefinitely (at least until the EBA terminates or is replaced). The FWA also maintains continuity of service for the purposes of personal leave where there is a transfer of business.
All employees will still have access to the Post Redundancy, Redeployment, Retraining (RRR) agreement.
The CWU National Office has requested a joint meeting of Post and ABnote with the union to discuss employment issues. Post has said “no”. Given Post’s refusal to meet, the CWU National Office will seek a meeting with just ABnote. Click here for CWU letter to Post.