UNIVERSITY UNIONS (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.

 

(No. IRC 1455 and 1456 of 2003)

 

 

 

VARIATION

 

1.          Insert in numerical order in the Arrangement of the award made 17 September and 13 December 2002 the following new clause number and subject matter:

 

35A. Trade Union Membership Fee Deduction

 

2.          Insert after subclause 2.8 of clause 2, Definitions, the following new subclause:

 

2.9        “Trade Union” means the Shop, Distributive and Allied Employees’ Association, New South Wales and/or Shop, Distributive and Allied Employees’ Federation of Australia, Newcastle and Northern New South Wales and/or The Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.

 

3.          Insert after clause 35, Employee Representative and Union Business, the following new clause:

 

35A.  Trade Union Membership Fee Deduction

 

(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 Trade 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 Trade 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 Trade Union fees (including any variation in that fee effected in accordance with the Trade Union's rules) that the Trade Union advises the employer to deduct.  Where the employee passes any such written authorisation to the Trade Union, the Trade 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 Trade 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 Trade 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 Trade 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 Trade 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 Trade Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Trade Union in accordance with the rules of the Trade 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.

 

The above variations shall take effect:

 

(i)         In the case of employers which currently deduct Trade 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.

 

4.          Delete 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.	Clause	Brief Description	Amount
No	No.		$
1	9.1	Meal Allowance	9.70
2	15.2	Apprentices Tool Allowance	0.57 per week
3	25.1	Laundry Allowance;-
		- special clothing requiring ironing	2.80 per day to a maximum
			of 8.30 per week
		- special clothing not requiring ironing	1.65 per day to a maximum
			of 5.00 per week
4	26.1	First-Aid Allowance	8.30 per week
			1.66 per shift

 

 

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

 

 

 

P. J. SAMS  D.P.

 

 

 

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Printed by the authority of the Industrial Registrar.