The case was simple. A manager called 2 women into his office without notice, told them that the team leader was upset, that he was not going to listen to their excuses and told them that he was moving them to another job (no loss of pay).
The Magistrate found that the manager had denied them the opportunity to have a support person (EBA Clause 42.1.4) and denied them natural justice (EBA Clause 36.5) and denied them other rights (EBA Clause36.6)– which he described as a fundamental right of workers. The case involved 5 witnesses (3 workers and 2 managers). Your EBA is important and contains many protections.
Know your rights and let us know if you believe that they have been breached.
POST BAD NEWS - WHAT THE EBA SAYS
42.1.4 An employee who is a party to the dispute may appoint a representative of their choice, including a union representative, for the purposes of the procedures in this clause.
36.5 In exercising these rights, Australia Post shall not take action which is harsh, unjust or unreasonable.
36.6 Australia Post shall furnish written advice to an employee of a decision under clause 36.1 and of reasons for the decision together with details of the procedures for lodging an application for review.