State Crest
New South Wales Industrial Relations Commission
(Industrial Gazette)





spacer image spacer image

MANNEQUINS AND MODELS (STATE) AWARD
  
Date06/20/2003
Volume340
Part1
Page No.
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C1865
CategoryAward
Award Code 438  
Date Posted06/19/2003

spacer image spacer image

spacer image Click to download*
spacer image
BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(438)

SERIAL C1865

 

MANNEQUINS AND MODELS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Shop, Distributive and Allied Employees' Association, New South Wales, and another, industrial organisations of employees.

 

(Nos. IRC 1439 and 1440 of 2003)

 

Before Mr Deputy President Sams

21 March and 1 April 2003

 

VARIATION

 

1.          Insert in numerical order in the Arrangement of the award published 9 February 2001 (322 I.G. 172) the following new clause number and subject matter:

 

3A.  Deduction of Union Membership Fees

 

2.          Insert after subclause (v), of clause 2 Definitions, a new subclause:

 

(vi)       “Union” means the Shop, Distributive and Allied Employees’ Association, New South Wales and/or the Shop Assistants and Warehouse Employees’ Federation of Australia, Newcastle and Northern New South Wales.

 

3.          Insert after clause 3, Rates of Pay, the following new clause:

 

3A.  Deduction of Union Membership Fees

 

(i)         The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

(a)        the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;

 

(b)        the Union shall advise the employer of the amount to be deducted for each pay period applying at the employer's workplace and any changes to that amount;

 

(c)        deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

(d)        there shall be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).

 

(ii)        The employee's authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union rules) that the Union advises the employer to deduct.  Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee's consent to do so.  Such consent may form part of the written authorisation.

 

(iii)       Monies so deducted from employees' pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer's election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:

 

(a)        where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and

 

(b)        where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

(iv)       Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

(v)        The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year.  Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly, or quarterly as the case may be.  The Union shall give the employer a minimum of two months' notice of any such change.

 

(vi)       An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

(vii)      Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.

 

4.          The above variations shall take effect:

 

(i)         In the case of employers which currently deduct union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 21 March 2003.

 

(ii)        In the case of employers who do not fall within subparagraph (i) above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees' pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 21 June 2003.

 

(iii)       For all other employers, from the beginning of the first pay period to commence on or after 21 September 2003.

 

5.          Delete Item number 3 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates, and insert in lieu thereof the following:

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

3

11(i)

Travelling allowance when required to report direct

6.46 per hour

 

 

to location site.

 

 

11(iii)

Travelling allowance when work more than 40

6.46 per hour

 

 

kilometres from employer's main place of business.

 

 

11(v)

Travelling allowance when suitable transport supplied.

6.46 per hour

 

6.          This variation shall take effect from the first pay period commencing on or after 21 March 2003.

 

 

 

P. J. SAMS  D.P.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.

 

 

 

 

 

 

 

* to download attachment
  
IE UsersRight click the attachment - Click 'Save Target As' - Select a location - Click 'Save'
Netscape UsersRight click the attachment - Select 'Save Link As' - Select a location - Click 'Save'