TRANSPORT INDUSTRY - SANITARY AND
GARBAGE (STATE) SUPERANNUATION AWARD
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1334
of 2001)
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Before the Honourable Justice Marks
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10 August 2001
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REVIEWED AWARD
1. AWARD TITLE
2. ARRANGEMENT
Clause
No Subject Matter
1. Award Title
2. Arrangement
3. Anti-Discrimination
4. Area Incidence And Duration
5. Definition
6. Contributions
7. Exemptions and Leave Reserved
3.
ANTI-DISCRIMINATION
3.1 It is the intention of the parties bound
by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act, 1996 to
prevent and eliminate discrimination in the workplace. This includes
discrimination on the grounds of race, ex, marital status, disability,
homosexuality, transgender identity and age.
3.2 It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It will be consistent with the fulfillment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
3.3 Under the Anti - Discrimination Act, 1977,
it is unlawful to victimise an employee because the employee has made or may
make or has been involved in a complaint of unlawful discrimination or
harassment.
3.4 Nothing in
this clause is to be taken to affect:
3.4.1 any conduct or act which is specifically exempted from
anti-discrimination legislation;
3.4.2 offering or providing junior rates of pay to persons under 21
years of age;
3.4.3 any act or practice of a body established
to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act, 1977; or
3.4.4 a party to this award from pursing matters
of unlawful discrimination in any State or federal jurisdiction.
3.5 This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
Notes:
(a) Employers and employees may also be subject to Commonwealth
anti-discrimination legislation.
(b) Section 56(d) of the Anti-
Discrimination Act 1977 provides:
"Nothing in the Act
affects...any of the act or practiced of a body established to propagate
religion that conforms to the doctrines of that religion or is necessary to
avoid injury to the religious susceptibilities of the adherents of that
religion."
4. AREA, INCIDENCE AND DURATION
4.1 This award shall apply to employees
covered by the Transport Industry - Waste Collection and Recycling (State)
Award, published 30 March 2001 (323 I.G. 587), as varied, subject to clause
7, Exemptions and Leave Reserved of this award.
4.2 This
award has been reviewed pursuant to section 19 of the Industrial Relations Act 1996 and the Principles for Review of
Awards, a decision of the Industrial Relations Commission of NSW made on 18
December 1998, (308 I.G. 307). It
rescinds and replaces the Transport Industry - Sanitary and Garbage (State)
Superannuation Award published 22 March 1989 (251 I.G 1231) and all variations
thereof, which took effect on and from 1 September 1988. This award shall take effect from 10 August
2001 and shall remain in force until varied or rescinded, the period for which
it was made having already expired.
5. DEFINITION
In this award "the Fund" means The TWU
Superannuation Fund established by Trust Deed and Articles on 4 October 1984.
6. CONTRIBUTIONS
6.1 Upon the invitation of the Trustee of the
Fund and employer shall apply to the Trustee of the Fund to become a
participating employer in the Fund; and
6.2 Each participating employer shall pay to
the Trustee of the Fund on behalf of each full-time employee member of the Fund
in Category EBB employed by that employer contributions at the rate of $17.00
per week and in respect of each casual employee member of the fund employed by
that employer, contributions at the rate of $3.40 per day employed or part
thereof.
6.3 An employer who is bound by this award
may examine the Trust Deed of the Fund at the offices of the Transport Workers'
Union of Australia, NSW branch, or the New South Wales Road Transport
Association during the hours, which those organisations are usually open for
business.
7. EXEMPTIONS AND LEAVE
RESERVED
7.1 JJ Richards and Co. shall be exempt from
the provisions of this award with respect to employees performing work under
garbage contracts in all of New South Wales provided that leave is reserved to
the parties to apply in respect of this clause.
7.2 Members of the Employers' First, who are
not members of the Waste Contractors and Recyclers Association of NSW, shall be
exempt from the provisions of this award provided that leave is reserved to the
parties to apply in respect of this subclause.
7.3 Any employer who is not a member of the
Waste Contractors and Recyclers Association of NSW may apply to the Industrial
Relations Commission of NSW for an exemption from the provisions of this award
within six months from the operative date of this award.
F. MARKS J.
____________________
Printed by
the authority of the Industrial Registrar.