PHOTOGRAPHIC INDUSTRY (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.

 

(No. IRC 3423 of 2003)

 

 

VARIATION

 

1.          Insert in numerical order in the Arrangement of the award published 25 January 2001 (321 I.G. 1060) the following new clause number and subject matter:

 

19A.    Union Dues

 

2.          Delete clause 4, Wages, and insert in lieu thereof the following:

 

4.  Wages

 

(i)         The minimum rates of pay for weekly employees in the classifications prescribed in this award shall be set out in Table 1 - Wages, of Part B, Monetary Rates.  The rates for allowances shall be as set out in Table 2 - Allowances of the said Part B.

 

Junior Employees - The minimum rate of pay for junior employees, wherever employed, shall be calculated by reference to the percentage of the total rates provided for adult employees as set out in the said Table 1.

 

The rates of pay in this award include the adjustments payable under the State Wage Case of May 2003.  These adjustments may be offset against:

 

(a)        any equivalent over-award payments; and/or

 

(b)        award wage increase since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

(ii)        Part-time Employees - Shall be paid an hourly rate equal to the appropriate weekly rate divided by 38, calculated to the nearest cent.  Provided that employees engaged as part time as at 17 July 2000 shall continue to receive the rate for the relevant position and shall be entitled to wage increases equivalent to 25 per cent of future State Wage Case adjustments until such time as the rates coincide or the new part-time rate (no loading) exceeds the rate, and in which case it shall apply.

 

(iii)       Casual Employees - Shall be paid an hourly rate equal to the appropriate weekly rate divided by 38, plus 15 per cent, calculated to the nearest cent with a minimum payment on any day of four hours for each start.

 

(iv)       Second Late Night Penalty - Full-time and part-time employees who work ordinary hours on a Saturday, and full-time and part-time employees who work two late nights in a week pursuant to paragraph (a) of subclause (i) of clause 8, Hours of Work, shall be paid at the rate of ordinary time plus one quarter per hour for the second late night.

 

3.          Insert after subclause (iv) of clause 11, Overtime, the following new subclause:

 

(v)

 

(a)        Subject to subclause (b) of this clause, an employer may require an employee to work reasonable overtime at overtime rates.

 

(b)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(c)        For the purposes of subclause (b) of this clause, what is unreasonable or otherwise will be determined having regard to:

 

(1)        any risk to employee health and safety;

 

(2)        the employee's personal circumstances, including any family and carer responsibilities;

 

(3)        the needs of the workplace or enterprise;

 

(4)        the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(5)        any other relevant matter.

 

4.          Insert after clause 19, Time and Payment of Wages, the following new clause:

 

19A.  Union Dues

 

(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).

 

(ii)        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'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.

 

(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 the 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.

 

(vii)      The above variations shall take effect:

 

(i)         In the case of employers who 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 30 November 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 29 February 2004.

 

(iii)       For all other employers, from the beginning of the first pay period to commence on or after 30 May 2004.

 

5.          Delete Part B, Monetary Rates, and insert in lieu thereof the following:

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Classification	Former	SWC	Rate
	Rate	2003	per Week
	$	$	$
Section A - Portrait, Advertising and Commercial Studios
Photographer	487.60	17.00	504.60
Retoucher	477.30	17.00	494.30
Artist	477.30	17.00	494.30
Photographer’s Assistant	469.80	17.00	486.80
Collector	469.80	17.00	486.80
Clerk/Receptionist	464.90	17.00	481.90
Employees not elsewhere classified -
First three months	448.40	17.00	465.40
Thereafter	464.90	17.00	481.90
Section B - Developing, Printing and Finishing Establishments
(other than mini-labs):
Group 1 -
Colour Filter Determinator
Custom Colour Enlargement Printer
Colour Printer Controller
Microfilm Service Operator	511.70	17.00	528.70
Group 2 -
Rack and Tank Colour Film Processor
Colour Enlargement Printer
Colour Quality Corrector
Kit Mixing Operator
Colour Printer Operator
Microfilm Continuous Processing Operator	496.50	17.00	513.50
Group 3 -
Rack and Tank Black and White Film Processor
Black and White Enlargement Printer
Black and White Printer Operator
X-ray, Sheet Film and Sensitised Paper Finisher	479.90	17.00	496.90
Group 4 -
Microfilm Operator
Clerk/Receptionist	464.90	17.00	481.90
Group 5 - Employees not elsewhere classified -
First three months	448.40	17.00	465.40
Thereafter	464.90	17.00	481.90
Section C - Mini-labs:
Amateur Photo Finisher
Printing Machine Operator	473.70	17.00	490.70
Employees not elsewhere classified -
First three months	448.40	17.00	465.40
Thereafter	464.90	17.00	481.90

 

Section D - Junior Rates	Percentage of Adult Rate of Pay
		$
At 16 years of age	50	First three months: 465.40
At 17 years of age	60	Thereafter: 481.90
At 18 years of age	70
At 19 years of age	80
At 20 years of age	90

 

Table 2 - Allowances

 

Item No	Clause No	Brief Description	Amount
			$
1	5(i)	Leading hand allowance	21.60
2	5(ii)	TAFE Photography Certificate	12.30
3	5(iv)	Excess fares allowance	10.30 per week
			2.10 per day
4	5(v)	Meal money - 1st meal	10.60
5	5(v)	Meal money - 2nd and subsequent meals	10.60
6	5(vi)	Locomotion allowance -
		standing charge - vehicles up to 2 litres (2,000cc)	207.30
7	5(vi)	Locomotion allowance -
		Running charge - vehicles up to 2 litres (2,000cc)	0.27
8	5(vi)	Locomotion allowance -
		Standing charge - vehicles over 2 litres (2,000cc)	246.00
9	5(vi)	Locomotion allowance -
		Running charge - vehicles up to 2 litres (2,000cc)	0.32
10	5(vi)	Kilometre allowance - vehicles up to 2 litres (2,000cc)	0.45
11	5(vi)	Kilometre allowance - vehicle over 2 litres (2,000cc)	0.54
12	5(vii)	First-aid allowance	11.80

 

6.          Delete Part C and insert in lieu thereof the following:

 

PART C

 

Table 1 - Skill Level A - Wages

 

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level A:

 

	Highest Year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	207.00	227.00	274.00
plus 1 year out of school	227.00	274.00	319.00
plus 2 years	274.00	319.00	371.00
plus 3 years	319.00	371.00	424.00
plus 4 years	371.00	424.00
plus 5 years or more	424.00

 

The average proportion of time spent in structured training which has been taken into account in setting the rate is 20 per cent.

 

Table 2 - Skill Level B - Wages

 

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level B:

 

	Highest Year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	207.00	227.00	264.00
plus 1 year out of school	227.00	264.00	304.00
plus 2 years	264.00	304.00	357.00
plus 3 years	304.00	357.00	406.00
plus 4 years	357.00	406.00
plus 5 years or more	406.00

 

The average proportion of time spent in structured training which has been taken into account in setting the rate is 20 per cent.

 

Table 3 - Skill Level C - Wages

 

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level C:

 

	Highest Year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	207.00	227.00	257.00
plus 1 year out of school	227.00	257.00	289.00
plus 2 years	257.00	289.00	323.00
plus 3 years	289.00	323.00	361.00
plus 4 years	323.00	361.00
plus 5 years or more	361.00

 

* Figures in brackets indicate he average proportion of time spent in approved training to which the associated wage rate is applicable.  When not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rate is 20 per cent.

 

7.          This variation shall take effect from the beginning of the first full pay period to commence on or after 30 November 2003.

 

 

 

A. W. MACDONALD, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.