METAL, ENGINEERING AND ASSOCIATED INDUSTRIES (STATE) AWARD
FULL BENCH OF THE
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The
Australian Workers' Union, New South Wales, industrial organisation of
employees.
(No. IRC 717 and 1698 of 2003)
Before The Honourable
Justice Walton, Vice-President
|
13 August 2003
|
Mr Deputy President
Sams
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|
The Honourable Justice
Boland
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Commissioner Redman
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VARIATION
1. Insert in numerical
order in clause 1.2, Arrangement, of the award published 8 June 2001 (325 I.G.
209) the following new clause number and subject matter:
4.12 Deduction
of Union Membership Fees
2. Insert after
clause 4.11, Shop Stewards and Notice Board, the following new clause:
4.12. Deduction of
Union Membership Fees
4.12.1 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 4.12.2 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).
4.12.2 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'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.
4.12.3 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:
(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.
4.12.4 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.
4.12.5 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
such change.
4.12.6 An employee may
at any time revoke in writing an authorisation to the employer to make payroll
deductions of Union membership fees.
4.12.7 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.
4.12.8 The above
variations shall take effect:
(a) 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 full pay period to commence on or after 13 August 2003;
(b) In the case of
employers who do not fall within paragraph (a) 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 full pay period to commence on or after 13 November
2003;
(c) For all other
employers, from the beginning of the first full pay period to commence on or
after 13 February 2004.
3. This
variation shall take effect from the first full pay period commencing on or
after 13 August 2003.
M. J. WALTON J,
Vice-President.
P. J. SAMS D.P.
R. P. BOLAND J.
J. N. REDMAN, Commissioner.
____________________
Printed by the
authority of the Industrial Registrar.