Unfortunately, the Federal Court did not rule in our favour on any of our 3 claims and has dismissed our Application.
Members would be aware of the decision by Ahmed Fahour that was implemented in July 2014 to cease AWOTE indexation thereby freezing the Final Annual Salary of 17,000 out of the 24,000 employees in the defined benefit Australia Post Superannuation Scheme.
To quote Justice Mortimer's Conclusion:
“This outcome may appear to give Australia Post some impunity for the way in which, without direct consultation with its own employees, it removed a superannuation entitlement of considerable benefit to a large number of employees, and which had been in place for a long time. The timing of Australia Post’s decision-making, so soon after the approval of the enterprise agreement, could certainly have been seen by employees as involving some deliberate withholding of information from them. At the least, it was far from good industrial practice. However, it was not a contravention of the law in any of the ways alleged by the applicants in this proceeding.”
This Decision is very bad news for members, but we are not giving up. We intend lobbying our parliamentary representatives about this retrospective attack on the retirement income of lower paid workers.
Thanks to Glenn Farley, Mick Walters and Gary Cleland, the members who helped bring the claim.
We will be arranging a meeting of affected members shortly to discuss this lobbying and any other further options.
Secretary CWU Victoria
Please find a link to the Decision below