Crown
Employees (Department of Commerce) Wages Staff Award 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW
Department of Commerce.
(No. IRC 938 of 2007)
Before Commissioner
Cambridge
|
8 June 2007
|
VARIATION
1. Delete clause
21, Workplace Representatives of the award published 13 January 2006 (356 I.G.
275) and insert in lieu thereof the following:
21. Workplace
Representatives
Employees elected as delegates in the Group or Business Unit
in which they are employed shall, upon notification to the Department, be
recognised as accredited representatives of the union(s) and they shall be
allowed the necessary time during working hours to interview management
representatives and the employees whom they represent, on matters affecting the
employees whom they represent.
The workplace shall provide delegates with reasonable access
to the following facilities for authorised union activities:
(a) telephone and
facsimile facilities;
(b) a notice board
for material authorised by the union or access to staff notice boards for
material authorised by the union;
(c) workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the union.
A delegate will be released from the performance of normal
departmental duty when required to undertake any of the activities specified
below. While undertaking such
activities the delegate will be regarded as being on duty and will not be
required to apply for leave:
(a) Attendance at
meetings of the workplace's Occupational Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Occupational Health and Safety Committee members at
a place of work as provided for in the Occupational Health and Safety Act,
2000 and the Occupational Health and Safety Regulation 2001.
(b) Attendance at
meetings with workplace management or workplace management representatives;
(c) A reasonable
period of preparation time, before
(1) meetings with
management;
(2) disciplinary
or grievance meetings when a union member requires the presence of a delegate;
and
(3) any other
meeting with management,
by agreement with management, where operational requirements
allow the taking of such time;
(d) Giving
evidence in court on behalf of the employer;
(e) Distributing
official union publications or other authorised material at the workplace,
provided that a minimum of 24 hours notice is given to workplace management,
unless otherwise agreed between the parties. Distribution time is to be kept to
a minimum and is to be undertaken at a time convenient to the workplace.
(1) SPECIAL LEAVE
FOR UNION ACTIVITIES
The granting of special leave with pay will apply to
the following activities undertaken by a delegate, as specified below:
(a) annual or
biennial conferences of the union, as and when required;
(b) meetings of
the union 's Executive, Committee of Management or Councils, as and when required;
(c) annual
conference of the Unions NSW and the biennial Congress of the Australian
Council of Trade Unions, as and when required;
(d) attendance at
meetings called by the Unions NSW involving the Association which requires
attendance of a delegate, as and when required;
(e) attendance at
meetings called by the PEO, as the employer for industrial purposes, as and
when required;
(f) giving
evidence before an Industrial Tribunal as a witness for the Association.
(2) TRADE UNION
TRAINING COURSES
The following training courses will attract the grant
of special leave as specified below:
(a) accredited
Occupational Health and Safety (OH&S) courses and any other accredited
OH&S training for OH&S Committee members. The provider(s) of accredited OH&S training courses and the
conditions on which special leave for such courses will be granted, shall be
negotiated between the Department Head and the union.
(b) courses
organised and conducted by the Trade Union Education Foundation or by the union
or a training provider nominated by the union. The granting of special leave in
these instances is subject to:
(1) the operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(2) payment being
at the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(3) all travelling
and associated expenses being met by the staff member or the union;
(4) attendance
being confirmed in writing by the union or a nominated training provider.
(3) RESPONSIBILITIES
OF THE TRADE UNION DELEGATE
Responsibilities of the delegate are to:
(a) establish
accreditation as a delegate with the union and provide proof of accreditation
to the workplace;
(b) participate in
the workplace consultative processes, as appropriate;
(c) follow the
dispute settling procedure applicable in the workplace;
(d) provide
sufficient notice to the immediate supervisor of any proposed absence on
authorised union business;
(e) account for all
time spent on authorised union business;
(f) when special
leave is required, to apply for special leave in advance;
(g) distribute
union literature/membership forms, under local arrangements negotiated between
the Department Head and the union; and
(h) use any
facilities provided by the workplace properly and reasonably as negotiated at
the workplace level.
(4) RESPONSIBILITIES
OF THE TRADE UNION
Responsibilities of the union are to:
(a) provide
written advice to the Department Head about a union activity to be undertaken
by an accredited delegate and, if requested, to provide written confirmation to
the workplace management of the delegate's attendance/participation in the
activity;
(b) meet all
travelling, accommodation and any other costs incurred by the accredited
delegate;
(c) provide proof
of identity when visiting a workplace in an official capacity, if requested to
do so by management;
(d) assist the
workplace management in ensuring that time taken by the union delegate is accounted
for and any facilities provided by the employer are used reasonably and
properly; and
(5) RESPONSIBILITIES
OF WORKPLACE MANAGEMENT
Where time is required for union activities in
accordance with this clause the responsibilities of the workplace management
are to:
(a) release the
delegate from duty for the duration of the activity, as appropriate, and, where
necessary, to allow for sufficient travelling time during the ordinary working
hours;
(b) meet the
travel and/or accommodation costs properly and reasonably incurred in respect
of meetings called by the workplace management;
(c) if the time
and/or the facilities allowed for union activities are thought to be used
unreasonably and/or improperly, to consult with the union before taking any remedial
action.
(6) RIGHT OF ENTRY
PROVISIONS
The right of entry provisions shall be as prescribed
under the Occupational Health and Safety Act 2000 and the Industrial
Relations Act 1996.
(7) TRAVELLING AND
OTHER COSTS OF TRADE UNION DELEGATES
(a) All travel,
and other costs, incurred by accredited union delegates in the course of union
activities, will be paid by the union.
(b) In respect of
meetings called by the workplace management the payment of travel and/or
accommodation costs, properly and reasonably incurred, is to be made.
(c) No overtime,
leave in lieu, shift penalties or any other additional costs will be claimable
by a staff member from the Department in respect of union activities.
(8) INDUSTRIAL
ACTION
(a) Provisions of
the Industrial Relations Act 1996 shall apply to the right of union members to
take lawful industrial action (Note the obligations of the parties under Clause
16, Dispute Resolution).
(b) There will be no
victimisation of staff members prior to, during or following such industrial
action.
(9) DEDUCTION OF
TRADE UNION MEMBERSHIP FEES
At the staff member’s election, the Department Head
shall provide for the staff member’s union membership fees to be deducted from
the staff member’s pay and ensure that such fees are transmitted to the staff
member’s union at regular intervals.
2. Delete Clause
24 - Leave Reserved, and renumber existing clause accordingly.
3. This
variation shall take effect on and from 8 June 2007.
I.
W. CAMBRIDGE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.