AGRICULTURAL, PASTORAL OR HORTICULTURAL SOCIETY’S SHOW (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Nos. IRC 1012 and 1013 of 2003)

 

 

VARIATION

 

1.          Insert in numerical order in the Arrangement of the award published 27 October 2000 (319 I.G. 838) the following new clause number and subject matter:

 

13.  Deduction and Remittance of Union Membership Fees

 

2.          Delete Clause 2, Rates of Pay, and insert in lieu thereof the following:

 

2. Rates of Pay

 

(i)         The hourly rates of pay shall be as follows:

 

(a)        Employees 21 years of age and over - 140 per cent of the rate prescribed in Item 1, of Table 1 - Wages, of Part B, Monetary Rates, of the Shop Employees (State) Award published 13 September 2002 (336 IG 259), provided that until further variation the eighteen dollar safety net adjustment rate shall be $685.72 (2002 $18 safety net adjustment rate: $18.05).

 

(b)        Employees 20 years of age - 90 per cent of the $13 safety net adjustment rate prescribed in paragraph (a) hereof.  Employees 21 years of age and over - 140 per cent of the rate prescribed in Item 1 of Table 1 - Wages, of Part B, Monetary Rates, of the Shop Employees (State) Award published 13 September 2002 (336 IG 259), as varied, provided that until further variation the eighteen dollar safety net adjustment rate shall be $617.15 (2002 $18 safety net adjustment rate: $16.24).

 

(c)        Employees 18 and 19 years of age - 80 per cent of the $13 safety net adjustment rate prescribed in paragraph (a) hereof.  Employees 21 years of age and over - 140 per cent of the rate prescribed in Item 1 of Table 1 - Wages, of Part B, Monetary Rates, of the Shop Employees (State) Award published 13 September 2002 (336 IG 259), as varied, provided that until further variation the eighteen dollar safety net adjustment rate shall be $548.58 (2002 $18 safety net adjustment rate: $14.44).

 

(d)        Employees 17 years and under - 60 per cent of the $13 safety net adjustment rate prescribed in paragraph (a) hereof.  Employees 21 years of age and over - 140 per cent of the rate prescribed in Item 1 of Table 1 - Wages, of Part B, Monetary Rates, of the Shop Employees (State) Award published 13 September 2002 (336 IG 259), as varied, provided that until further variation the eighteen dollar safety net adjustment rate shall be $411.43 (2002 $18 safety net adjustment rate: $10.83).

 

(ii)        The rates of pay prescribed in subclause (i) of this clause are loaded to compensate the employees for all incidents of the employment and are payable for work done at any hour of the day.  Such rates are also loaded to include an amount for annual holidays as provided for by the Annual Holidays Act 1944.

 

3.          Delete clause 5, Meal Allowance, and insert in lieu thereof the following:

 

5. Meal Allowance

 

A meal allowance shall be paid to each employee who works more than nine hours, finishing after 6.00pm.

 

The amount of such meal allowance shall be that prescribed by Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, of the Shop Employees (State) Award (2003 Rate: $9.70).

 

4.          Insert after clause 12, Commitment to Absorption, the following new clause:

 

13. Union Membership Fee Deduction

 

(i)         “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.

 

(ii)        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).

 

(iii)       The employer’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’s 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.

 

(iv)       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:

 

(i)         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

 

(ii)        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.

 

(v)        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.

 

(vi)       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 or monthly as the case may be.  The Union shall give the employer a minimum of two months’ notice of any such change.

 

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

 

(viii)     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.

 

5.          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 10 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 1 May 2003.

 

(iii)       For all other employers, from the beginning of the first pay period to commence on or after 1 August 2003.

 

 

6.          This variation shall take effect from the first full pay period commencing on or after 10 March 2003.

 

 

 

L. C. GLYNN  J.

 

 

 

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Printed by the authority of the Industrial Registrar.