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)

 

 

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

 

 

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Printed by the authority of the Industrial Registrar.