TNT EXPRESS SPECIALISED SERVICES CONSENT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1322 of 2001)
|
Before The Honourable
Justice Marks
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8 August 2001
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REVIEWED AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Parties
To, Title and Duration of the Award
2. Anti-Discrimination
3. Definitions
4. Area and
Incidence
5. Conditions
of Employment
6. Pallet
Control
7. Freight
Note Control
8. PUD
(Pick-up and Delivery) Committee
9. Procedures
Relating to Disputes etc. Between
Employers and their Employees
10. All
Purpose Wage Increases and Further Productivity Measures
11. Wage
Increase - No Extra Claims
12. Further
Discussions
PART B
MONETARY RATES
Table 1 - Wages -
Full Time Weekly Employees
1. Parties to, Title
and Duration of the Award
The parties to this Award shall be the employer and the
Transport Workers' Union of Australia, New South Wales Branch.
This Award shall be known as the TNT Express Specialised
Services Consent Award.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
rescinds and replaces the TNT Express Specialised Services Consent Award
published on 19 May 2000 (315 I.G. 861) and all variations thereof.
The award published on 19 May 2000 took effect from the
first full pay period to commence on or after 22 July 1998 and remained in
force for a period of 1 year. The changes made to the award pursuant to the
Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles
for Review of Award made by the Industrial Relations Commission of the New
South Wales on 18 December 1998 (308 IG 307) take effect on and from 8 August
2001.
This award remains in force until varied or rescinded, the
period for which it was made having expired.
2.
Anti-Discrimination
2.1 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, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
2.2 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 fulfilment 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.
2.3 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.
2.4 Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
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.
3. Definitions
For the purpose of this Award, the following definitions
shall apply:
"Act" shall mean the New South Wales Industrial Relations Act 1996.
"Parent Award" shall mean the Transport Industry
(State) Award (Industrial Gazette Vol. 315, Page 192) as varied, or any Award
replacing, succeeding or modifying the Awards that bind the employer.
"Employer" or "TNT Express" shall mean
TNT Australia Pty Limited (ACN 000 495 269) trading as TNT Express or any other
trading name, which may apply from time to time.
"Union" or "the TWU" shall mean the
Transport Workers' Union of Australia, New South Wales Branch.
4. Area and Incidence
This Award shall apply to the employer and persons employed
by the employer in the relevant occupations within the scope of the Award.
5. Conditions of
Employment
Except as provided by this Award, the conditions of
employment of employees to whom this Award applies shall be those contained in
the parent Award. Where there is
inconsistency between this Award and the parent Award, this Award shall
prevail.
6. Pallet Control
6.1 Pallets are
items, which are leased to the business or owned by the business. These items are integral to the
transportation of certain items of freight and it is agreed all Employees shall
do whatever is reasonable to minimise the cost of using pallets.
6.2 It is further
agreed the parties shall work towards 100% control of pallets over the life of
this Award by adopting the process as detailed below.
(a) Employees
shall perform duties in accordance with the required Pallet Control
Procedure. A draft of the procedure as
proposed by the Employer is contained in Attachment (1) and shall be the
subject of further consultation and discussion with the EBA Committee as required;
(b) Employees
shall accept and attend training regarding the required Pallet Control
Procedure;
(c) Employees
shall cooperate with the monitoring process ensuring compliance with the Pallet
Control Procedure;
(d) Employees
shall cooperate with the identification of any problems; and
(e) Employees,
shall cooperate with the communication process regarding such problems
experienced with individual Employees and rectify such problems.
7. Freight Note
Control
7.1 The freight
notes which are handled and detailed by drivers and on which the customer
relies to pay the company for the services provided, represents the contract
between the company and the customer.
It is essential that all drivers perform all duties necessary to ensure
the contract with the customers is properly executed and the customer promptly
pays the rates required by the company for the service provided. Employees shall, to the best of their
ability, perform the duties required.
7.2 It is agreed
that, to achieve the 100% target, the following shall be implemented with
respect to freight note control:
(a) driver
education;
(b) customer
education;
(c) communication
procedure between drivers and management to ensure any difficulties with
customers and advised so management can rectify any problems;
(d) the checking
and securing of freight nominated as "security freight" consistent
with any procedures, and ensuring the details of corresponding freight notes
are accurate; and
(e) monitoring of
freight note accuracy will be achieved through audits conducted by the
employer. In addition, identifying and
rectifying problems will occur through training, on the job guidance and
performance management.
8. Pud (Pick-Up and
Delivery) Committee
8.1 A Committee
will be formed that includes two drivers, (one from Computer Delivery and one
from Fashion) the site delegate and two management representatives.
8.2 The objective
of this committee is to ensure that the 'Pick-up and Delivery Runs' operate
efficiently; to provide satisfactory delivery times and pick-up times for
customers, and provide a cost-effective fleet.
8.3 Other major
tasks include:
(a) A review of
sales opportunities by identifying pick-up opportunities through the course of
each run.
(b) A reduction of
'no lunches', to ensure drivers take breaks.
(c) PUD drivers to
support other PUD drivers when variations in freight volumes effect pick-ups or
deliveries.
(d) A review and
development of options for "outer Deliveries" to be done by Enfield,
Comet Priority, TNT Domestic and International and or other TNT Divisions.
(e) Development of
a document to monitor savings and efficiencies achieved.
(f) Objectives to
achieve the following outcomes:
(i) Reduction two
PUD vehicles; and
(ii) Reduction 15
hours, 'no lunches' per week.
8.4 The Committee
will review periodically to ensure both financial and service targets are
achieved and are in line with Key Performance Indicator Targets. The committee's responsibility to these
tasks will be on going as the business develops with growth.
8.5 Any savings
over and above 2.5% offsets shall be recorded (in accordance with sub-clause
(c) paragraph (5), and shall be used for the next stage of wage discussions.
9. Procedures
Relating to Disputes Etc Between Employers and Their Employees
9.1 Intention
The Employees, the Union and the Employer undertake to
take all necessary steps to ensure that delegates, officers, officials,
Employees, union members, executives and company staff follow the procedure as
set out herein. The intention being
that any or all disputes shall be promptly resolved by conciliation in good
faith without work restrictions, bans and or stoppages occurring. The parties shall respectively notify each
other as soon as possible of any industrial matter that might give rise to a
dispute.
9.2 The Procedure
(a) In the event
of a dispute or difficulty arising at job level, the Union delegate and Branch
management shall immediately confer and shall attempt to resolve the matter
without delay.
(b) If no
agreement is reached, a Union organiser shall discuss the matter in dispute
with the Branch Manager (or nominee) within 48 hours.
(c) If the matter
in dispute remains unresolved, the New South Wales Manager (or nominee) shall
meet the Branch Secretary of the Union (or nominee) and discuss the matter
within 24 hours. At each discussion
other employees, union and/or yard representatives may be in attendance as
required.
(d) The parties
agree to ensure that the status quo is maintained during the procedure referred
to in this sub-clause without limiting the Employer's right to reasonable
exercise its managerial prerogative.
(e) If the
foregoing steps fail to resolve the issue within a reasonable time, the matter
in dispute shall be referred by either party to the Commission.
9.3 Right to Refer
to the Commission
(a) The above
steps shall not preclude reference of a dispute to the Commission at any stage
of the procedure if a party believes it necessary.
(b) In these
circumstances, the Commission shall retain its discretion to refer the parties
back to a continuation of the procedure where the Commission considers the
course appropriate.
9.4 Continuity of
Work
Pending the completion of the procedure set out in this
Clause, work shall continue without interruption and all parties agree to use
their best endeavours to ensure that continuation.
9.5 Preservation
of Rights
The ultimate terms of settlement of the dispute shall
not be affected in any way nor shall the rights of any person involved in or
affected by the dispute be prejudiced by the fact that work has continued
normally without interruption.
9.6 Procedures and
Obligations
The procedures and obligations contained herein shall
be equally binding on the parties of this Award. The decisions of the Commission shall be accepted and adhered to
by all parties to their rights under the Act.
10. All Purpose Wage
Increases and Further Productivity Measures
10.1 The Employer
shall pay to all Employees an ordinary weekly wage consistent with the relevant
amount as set out in Part B, Table 1.
The wage increases generated by the payment of the amounts as detailed
in Table 1, shall be payable for all Award purposes. This wage increase shall be in return for the objectives of this
Award being fully met on a lasting and continuing basis. The objectives of this Award are detailed in
the Clauses of this Award.
11. Wage Increase -
No Extra Claims
11.1 The increase in
wages over and above the Award rate and referred to in this Award shall be
payable to each Employee who works and continues to work in accordance with
this Award from the date on which the Award is made.
11.2 The TWU agrees
on behalf of itself, its officers and members that any State Wage Case or other
Award variations will be absorbed in the increases provided by this Award.
11.3 Should the
relevant Award rate rise above the rate being paid by the Employer under this
Award then the relevant Award rates will be paid by the Employer.
PART B
MONETARY RATES
Table 1: Wages - Full Time Weekly Employees
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Description
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Wages Rates as of
1st Full Pay Period
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|
|
starting during
June 1998 - per week
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Transport Worker Grade
One
|
$469.31
|
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Transport Worker Grade
Two
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$485.70
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Transport Worker Grade
Three
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$497.07
|
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Transport Worker Grade
Four
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$506.97
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Transport Worker Grade
Five
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$532.46
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Transport Worker Grade
Six
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$538.84
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Transport Worker Grade
Seven
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$550.31
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Transport Worker Grade
Eight
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$597.71
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F.
MARKS J.
____________________
Printed by
the authority of the Industrial Registrar.