BUTTON MAKERS (STATE) AWARD
COMMISSION OF NEW SOUTH WALES
Application by the
Transport Workers' Union of New South Wales, industrial organisation of
(No. IRC 933 of 2003)
Before Commissioner Cambridge
10 April and 5 May 2003
1. Insert in
numerical order in clause 2 Arrangement, of Part 4 - Wages and Related Matters,
of the award published 21 February 2003 (338 I.G. 393) the following new clause
number and subject matter:
18A. Union Membership Fee Deduction
2. Insert after
clause 18, Deductions from Wages, the following new clause:
18A. Union Membership Fee Deduction
18A.1 The employer shall
deduct Union membership fees (not including fines or levies) from the pay of
any employee, provided that:
employee has authorised the employer to make such deductions in accordance with
subclause (18A.2) herein;
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;
of union membership fees shall only occur in each pay period in which payment
has or is to be made to an employee; and
18A.1.4 there shall
be no requirement to make deductions for casual employees with less than two
months' service (continuous or otherwise).
18A.2 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.
18A.3 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:
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
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.
18A.4 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.
18A.5 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
18A.6 An employee may at
any time revoke in writing an authorisation to the employer to make payroll
deductions of Union membership fees.
18A.7 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.
3. 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 April 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 10 July 2003.
(iii) For all other
employers, from the beginning of the first pay period to commence on or after
10 October 2003.
variation shall take effect from the first full pay period commencing on or
after 10 April 2003.
I. W. CAMBRIDGE,
Printed by the authority of the Industrial Registrar.