Postal
CEPU lodges appeal to ensure members views heard
(11 May, 2009): Members will be aware of our dispute regarding the introduction of the new Mercedes Sprinter Vans without side windows - restricting visibility, particularly when reversing, emerging at an angle or changing lanes.
Following the issue of a PIN, Post asked Comcare to investigate this matter.
Comcare found that Australia Post breached the OHS Act, and that the vans created a "real risk" to your safety.
Post then rejected the report and appealed to the Australian Industrial Relations Commission (AIRC).
We appealed, but only on the ground that when Comcare came to the conclusion that the vans presented a "real risk" then they should have made it clear that use of the vans was prohibited.
The Comcare report suggests that outcome, but the report is not specific. This matter will be finally determined at a three day hearing commencing 10 August.
Late last week we sought to get a clearer statement to protect you through interim proceedings in the AIRC. We were unsuccessful. Post effectively blocked this course.
Their position is that the vans are are safe and their "experts" would give extensive evidence - which would take considerable time and effectively be a hearing of the matter now instead of August.
Given the length of the interim hearing, the probable inconclusive outcome, and certain legal complexities, the AIRC did not exercise its discretion to act on the application.
Our advice to members:
The advice to members about driving the new Mercedes vans stands:
- You're entitled under the law to decline performing work that presents an imminent risk to your health and safety - read more here, "Vans: protect yourselves"