AUSTRALIA MEAT HOLDINGS PTY LIMITED CAROONA FEEDLOT (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 5724 of 2003)

 

 

REVIEWED AWARD

 

1.          Insert in the Arrangement of Part 9 - Union Related Matters, of the award published 30 June 2000 (316 I.G. 1022) the following new clause:

 

34.  Deduction of Union Membership Fees

 

2.          Delete subclause 3.1 of clause 3, Anti-Discrimination and insert in lieu thereof the following:

 

3.1        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996, to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

3.          Delete any reference to "Employment National" of clause 11, Termination, Change and Redundancy, and insert in lieu thereof the following:

 

"Centrelink"

 

4.          Delete paragraph 15.2.1 and subclause 15.3, Increases in Contribution Rates of clause 15, Superannuation, and insert in lieu thereof the following:

 

15.2.1   The Company shall, in respect of an employee, contribute to a scheme of which the employee is a member and to which the Company is bound to contribute pursuant to the trust deed of that scheme. Employer contributions under relevant legislation are set at 9% from 1 July 2002.

 

15.3      Increases in Contribution Rates

 

If at any time after the commencement of this award the Company becomes liable to make a contribution to a scheme in respect of an employee under an award or order of an Industrial Tribunal or Statute, the Company’s obligations to make contributions to a scheme in respect of that employee under this award shall be reduced by the amount that the Company’s liability to make any such contribution exceeds 9% of the employee’s ordinary time earnings.

 

5.          Insert after clause 33, Trade Union Training Leave, of Part 9 - Union Related Matters the following new clause.

 

34.  Deduction of Union Membership Fees

 

34.1      The company shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

(a)        the employee has authorised the company to make such deductions in accordance with subclause 34.2 herein;

 

(b)        the Union shall advise the company of the amount to be deducted for each pay period applying at the company’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).

 

34.2      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 company to deduct.  Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the company without first obtaining the employee’s consent to do so. Such consent may form part of the written authorisation.

 

34.3      Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly, or quarterly basis at the company's election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees’ membership accounts, provided that:

 

(a)        where the company has elected to remit on a weekly or fortnightly basis, the company shall be entitled to retain up to 5 per cent of the monies deducted; and

 

(b)        where the company has elected to remit on a monthly or quarterly basis, the company shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

34.4      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.

 

34.5      The Union shall advise the company 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 company a minimum of two months’ notice of any such change.

 

34.6      An employee may at any time revoke in writing an authorisation to the company to make payroll deductions of Union membership fees.

 

34.7      Where an employee who is a member of the Union and who has authorised the company 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 company in order for payroll deductions of Union membership fees to cease.

 

6.          The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 30 December 2003.

 

The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

 

J. P. GRAYSON  D.P.

 

 

____________________

 

Printed by the authority of the Industrial Registrar.