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New South Wales Industrial Relations Commission
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TRANSPORT INDUSTRY - MAYNE LOGISTICS
INTERIM AWARD
  
Date07/11/2003
Volume340
Part4
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C1934
CategoryAward
Award Code 1687  
Date Posted07/03/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1687)

SERIAL C1934

 

TRANSPORT INDUSTRY - MAYNE LOGISTICS

INTERIM AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by the Transport Workers' Union of New South Wales, industrial organisation of employees.

 

(No. IRC 6084 of 2002)

 

Before The Honourable Justice Boland

31 January 2003

 

INTERIM AWARD

 

Pending further order, the Industrial Relations Commission of New South Wales makes an Interim Award in the following terms:

 

1.          This award shall be binding upon Linfox, Mayne and the TWU.

 

2.          By no later than the close of business on Friday, 31 January 2003 Mayne shall provide all Employees with the following information relating to their employment conditions with Mayne:

 

current rate of pay;

 

current grade/classification;

 

long service leave accrual;

 

annual leave accrual;

 

sick leave accrual;

 

accrued rostered days off; and

 

commencement date.

 

3.          Following the completion of the step referred to in clause 2 of this award Mayne and Linfox shall comply with the following procedure for Employees:

 

3.1        Individual Employees, or their representative, shall contact the person(s) nominated by Linfox with any queries or disputes relating to the information.

 

3.2        The relevant person(s) shall make enquiries of Mayne's payroll department.

 

3.3        By 24 February 2003 Mayne shall provide each Employee with a correct consolidated statement containing the information referred to in clause 2 of this award as at the Transfer Date and forward a copy of this statement to Linfox with respect to Transferring Employee.

 

3.4        Linfox shall participate and fully cooperate in this process as the new employer with respect to all Transferring Employees and shall provide a statement to each Transferring Employee either confirming that the information contained in the consolidated statement provided by Mayne in accordance with clause 3.3 of this award is correct or, alternatively, that Linfox does not believe it is correct within 60 business days of Linfox receiving a copy of the consolidated statement from Mayne.

 

3.5        In the event that Linfox transmits any part of the business it has acquired by reason of the Trade Sale to another entity during the term of this award Linfox shall provide a statement containing the matters referred to in clause 2 of this award as at the date of transmission to each employee whose contract of employment is terminated as a result of such transmission to the Purchasing Entity.  Such information shall be provided no later than the later of the date of transmission and the date referred to in clause 3.4.

 

3.6        In the event that agreement as to the correctness of the information referred to in clause 2 of this award cannot be reached the matter shall be referred to the Industrial Relations Commission of New South Wales for determination.  Following determination by the Commission Mayne and Linfox shall provide the relevant Employee with a consolidated statement containing to the information as at the transfer date within seven days.

 

4.          Linfox shall offer to employ all Employees on the same terms and conditions upon which the Employees were engaged in their employment with Mayne immediately prior to the Transfer Date.

 

5.          Linfox shall recognise all service related entitlements of Transferring Employees accrued with Mayne up to the Transfer Date (as determined pursuant to the process specified in clause 2 and 3 of this award).

 

6.          Linfox shall, in respect of Transferring Employees, recognise the length of continuous service with Mayne (including continuous service with any entity which was purchased or acquired by Mayne, provided service with such entity is recognised by Mayne as continuous service with Mayne) for the purposes of all service related entitlements, and from the Transfer Date all such continuous service by Transferring Employees with Mayne prior to the Transfer Date shall cease to be regarded as service with Mayne and shall be deemed to be continuous service with Linfox for all purposes including calculating entitlements under an industrial instrument or industrial relations legislation.

 

7.          In the event of Linfox terminating any of the Transferring Employees after the Transfer Date by reason of redundancy the length of service for the purpose of calculating the redundancy payment shall be the aggregate of the period of continuous service recognised by Mayne at the Transfer Date pursuant to clause 6 of this award and the period of service that the employee has had with Linfox from the Transfer Date until the date of termination, save that Linfox shall not be required to make redundancy payments in respect of any period of engagement with Mayne (or any entity which was purchased or acquired by Mayne) for which a redundancy payment has previously been paid by Mayne (or any entity which was purchased or acquired by Mayne).

 

8.          Subject to clause 9, Linfox shall apply to each Transferring Employee (other than Transferring Employees employed in the Armaguard business) the terms and conditions of the Linfox Model Enterprise Agreement by 1 July 2003 and pending the application of the Linfox Model Enterprise Agreement to any such Transferring Employees, the TWU will not pursue any claims during the term of the Linfox Model Enterprise Agreement for them, except for any claim for an increase in allowances pursuant to a State Wage Case or an industry-wide application regarding the protection of employee entitlements.

 

9.          If Linfox considers that special or extraordinary circumstances exist, it may approach the TWU to stagger increases in the rates of pay for Transferring Employees under the Linfox Model Enterprise Agreement over a period of up to 24 months.  If the TWU agrees with any such approach, the increases will be staggered in accordance with that agreement.  The TWU will not unreasonably withhold agreement to any such approach.  If the TWU does not agree with any such approach, Linfox may notify a dispute to the Commission about the issue.  The increases will not be paid while the matter is being resolved, whether by conciliation or arbitration, and no industrial action will be taken.  If the matter is unable to be settled by conciliation, the Commission may determine when the increases are payable.  Linfox acknowledges that this may require it to pay backpay.

 

10.        Linfox shall consult with the relevant Transferring Employees and the TWU after the Transfer Date in respect of any restructure of Linfox's business which will, or be likely to, have a materially adverse affect on the Transferring Employees.

 

11.        Subject to further agreement and as provided in this award, Linfox and the TWU shall, in respect of each Transferring Employee, observe the terms and conditions of any Award or Agreement (whether expired or not), which was applicable to the Transferring Employee immediately prior to the Transfer Date.

 

12.        For the purpose of this award the following definitions shall apply:

 

'Employees' shall mean employees of Mayne who are members or eligible to be members of the TWU and to whom an Award or Agreement to which the TWU is a party applies and are offered employment by Linfox effective on and from the Transfer Date under the terms of the Trade Sale.

 

'Trade Sale' shall mean the purchase by Linfox of the contract logistics and Armaguard businesses of Mayne.

 

'Transferring Employee' means each Employee who accepts employment with Linfox under the terms of the Trade Sale and commences employment with Linfox.

 

'Agreement' shall mean an agreement made under the Industrial Relations Act 1996 that is binding on Mayne in respect of any Employee including any of those specified in Attachment A which are binding on Mayne in respect of any Employee.

 

'Award' means an award or order binding on Mayne in respect of any Employee made under the Industrial Relations Act 1996 including those specified in Attachment A.

 

'Linfox' shall mean, in respect of Employees in Mayne's contract logistics business, Linfox Australia Pty Ltd (ACN 47 004 718 647) and, in respect of Employees in Mayne's Armaguard business, Linfox Armaguard Pty Limited (ACN 099 701 872).

 

'Linfox Model Enterprise Agreement' means an agreement (including the pay and classification provisions and all other terms) entered into between the TWU and Linfox in settlement of the TWU's "Heads of Agreement Claim - Draft No. 4 - 10 September 2002" as served on Linfox.

 

'TWU' shall mean the Transport Workers Union of New South Wales.

 

'Mayne' shall mean Mayne Group Ltd (ACN 004 073 410) and all subsidiaries of Mayne Group Ltd which employ employees in Mayne's contract logistics and Armaguard businesses.

 

'Purchasing Entity' means any entity to which Linfox transmits any part of the business it has acquired by reason of the Trade Sale during the term of this award.

 

'Transfer Date' means 3 February 2003 or such later date as shall be agreed between Linfox and Mayne pursuant to the Trade Sale agreement.

 

13.        All Employees who are offered employment with Linfox under the terms of the Trade Sale and in accordance with this award shall be deemed to have had suitable alternative employment obtained for them by Mayne and shall not be entitled to be paid any severance pay as prescribed in any Award, Agreement or order of the Commission or otherwise as a consequence of ceasing to be an employee of Mayne.

 

14.        This Award will commence operating 31 January 2003 and will have a nominal life of 12 months and shall cease to apply at the end of that nominal term.

 

Attachment A

 

1.          MPG Logistics (Arndell Park) Enterprise Agreement 2000 EA01/24.

 

2.          MPG Logistics Pty Ltd - Huntingwood Site (Transport Workers) Enterprise Agreement 2000 EA01/25.

 

3.          Mayne Logistics (NSW Linehaul) Enterprise Agreement 2000 EA01/181.

 

4.          MPG Logistics Pty Ltd (Tricon), Wetherill Park Warehouse Enterprise Agreement 2000 EA01/23.

 

5.          MPG Logistics (Granville - Metro CSO's) Enterprise Agreement 2000 EA01/142.

 

6.          Armaguard, NSW Road Crew Enterprise Award 2002 2005 as published 11 October 2002 (336 I.G. 658).

 

R. P. BOLAND  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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