GSP 16-19 Banded Hours Agreement

01/November/2019

Description

The Employment (Miscellaneous Provisions) Act 2018 became effective on the 4^th March 2019. The Act contains some significant changes to employment rights legislation. It introduces a new right for employees whose contract of employment or statement of terms does not reflect the reality of the hours they habitually work.

Given this legislative change and recognising the requirement to provide for stability of earnings whilst also recognising the needs of the business An Post operates in, An Post and the Communications Workers’ Union have agreed to enter into this collective agreement to give effect to the new legislation. A copy of the agreement is attached. The mains points of the agreement are as follows:

Scope

This agreement applies to all employees in grades represented by the Communications Workers’ Union with over 12 months’ service at 4^th March 2019. Employees who on that date, or any date subsequently, consistently work in excess of their weekly contracted hours will have their contract status reviewed. If this review demonstrates that they have worked in excess of their weekly hours and the reason for working extra hours is not for one of the following reasons:

There has not been a significant loss of business e.g. loss of an important contract
Emergency circumstances e.g. an office had to close on foot of flooding etc.
There was a genuinely temporary reason for the uprating e.g. cover for long term sick leave, term time or maternity leave
There has not been a temporary increase in business e.g. short-term contract, introduction of new technology.

then they will be placed on a contract that better reflects the hours they have worked.

Range of hours

The banded hours that will in future apply in An Post under the terms of collective agreement are as follows:

Band	From	To
1	3 hours	Less than 6 hours
2	6 hours or more	Less than 11 hours
3	11 hours or more	Less than 16 hours
4	16 hours or more	Less than 21 hours
5	21 hours or more	Less than 26 hours
6	26 hours or more	Less than 31hours
7	31 hours or more	Less than 35hours
8	37.5

Initial Review of hours

An initial review of the hours of all part time employees who completed 12 months’ service on the 4^th March 2019 will be undertaken. The agreement contains examples as to how this will operate.

Following the review, the employee will be advised of the outcome and if they are agreeable, they will be assigned to one of the bands outlined above. If following the review, they are advised that it is not intended to uprate them for one of the reasons detailed under Scope and they are unhappy with this, they can have the decision reviewed with the assistance of a Union Representative through the Company’s Grievance Procedures.

Future Reviews

The Company will review in a similar manner the hours worked by all part time employee’s in grades represented by the Communications Workers Union on a monthly basis to determine if the Band to which they are currently assigned should be uprated.

If an employee believes at any stage that the Band, they are assigned to does not appropriately reflect the hours they have worked then they may request to have the matter reviewed. Such a request should be made to their Local HR Manager. Where such a request is made the Company will, within a maximum of four weeks, advise the employee concerned in writing:

whether the facts support their claim or not,
if not, the reason why this is the case, including any reason detailed under Section 2 (Scope) where it applies or
if the claim is accepted and the revised Band they are being uprated to.

The outcome of any review can be appealed through the grievance procedures

Annual leave, sick leave or maternity leave

Notwithstanding whether an employee should have their hours increased as outlined above or not, when a part time employee goes on sick leave or maternity leave, they will be paid their average basic hours earnings based on the hours they have worked in the previous 12 months. The reference period will begin immediately before the commencement of the absence and go back 12 months. In the case of annual leave, they will receive the average of the basic hours they have worked in the 13 weeks prior to annual leave.

Allocation of additional working hours / Vacancies

Where additional working hours, over and above the normal staffing requirement for an office, become available the opportunity to work these hours will, in the first instance, be offered to existing staff on a fair and equitable basis. However, it is recognised that on occasions (peak times) that there will be a requirement to recruit additional employees to meet the needs of the business.

Process to be followed

To give effect to the above the Company will run a report every fortnight for temporary to permanent status. The list will be sent to the HR Managers and they will be asked to consider the employee for uprated hours. The HR Manager will send the details to the relevant DSM/Branch Manager or MC Manager. They will be advised that the employee is eligible for uprated hours and the manager will be asked to confirm that the uprating should take place or, where any of the 4 grounds are met not to uprate to set out the reason for this.

Where he/she confirms to HR Manager that it should take place, HR Manager will advise HRSU. The Manager will advise the employee either that they will be uprated or give them the reason why they cannot be uprated. Where an uprating is recommended and is acceptable to the employee the HRSU will issue the necessary paperwork. The Local Branch Representative will also be advised. As detailed above if a member is unhappy with the outcome of the review they can with the assistance of the Union appeal the decision through the Grievance Procedures.

The Company has advised that there will be a number of circumstances where a part time employee’s hours have been increased as they had been covering absence (generally short term absence) which is likely to be a continuing feature and in those circumstances none of the four criteria, which may mitigate against an increase in hours, would apply. Where this occurs, the Company expects that the same degree of flexibility which led to the increase in hours will continue to apply. This means that the employee can expect their original core hours to be rostered as previously but the additional hours would continue to be applied against additional hours required to cover absence.

The Union is hopeful that this agreement will assist staff who work additional hours on an ongoing and regular basis.

Attachment – Banded Hours Agreement