OYSTER FARMS, &c., (STATE) AWARD
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Workers' Union, New South Wales, industrial organisation of
(No. IRC 1359 of 2003)
Before The Honourable Justice
11 April 2003
1. Insert in
numerical order in the arrangement of the award published 11 May 2001 (324 I.G.
757) the following new clause number and subject matter:
23A. Deduction of
Union Membership Fees
2. Insert after
clause 23, Anti-Discrimination, the following new clause:
23A. 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).
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
(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.
(viii) This clause
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 11 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 11 July 2003.
(iii) For all other
employers, from the beginning of the first pay period to commence on or after
11 October 2003.
variation shall take effect from the first full pay period commencing on or
after 11 April 2003.
L. C. GLYNN J.
the authority of the Industrial Registrar.