TRANSPORT INDUSTRY- CTI LOGISTICS, ALLIED EXPRESS, TWU INTERIM AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Transport Workers' Union of Australia, New South Wales Branch, industrial organisation of employees.

 

(No. IRC 6151 of 2003)

 

 

INTERIM AWARD

 

Pending further order, the Industrial Relations Commission of New South Wales makes an Interim Award in the following terms:

 

1.          This award shall be binding upon Allied Express, CTI Logistics and the TWU.

 

2.          By no later than the close of business on Monday 10 November 2003 CTI Logistics shall provide all Employees with the following information relating to their employment conditions with CTI Logistics:

 

current rate of pay;

 

current grade/classification;

 

long service leave accrual;

 

annual leave accrual;

 

sick leave accrual;

 

accrued rostered days off; and

 

commencement date.

 

3.          Following the completion of the step referred to in clause 2 of this award CTI Logistics and Allied Express shall comply with the following procedure for Employees:

 

3.1        Individual Employees, or their representative, shall contact the person(s) nominated by Allied Express with any queries or disputes relating to the information.

 

3.2        The relevant person(s) shall make enquiries of CTI Logistics’ payroll department.

 

3.3        By 10 December 2003 CTI Logistics shall provide each Employee with a correct consolidated statement containing the information referred to in clause 2 of this award as at the Transfer Date and forward a copy of this statement to Allied Express with respect to Transferring Employees.

 

3.4        Allied Express shall participate and fully cooperate in this process as the new employer with respect to all Transferring Employees and shall provide a statement to each Transferring Employee either confirming that the information contained in the consolidated statement provided by CTI Logistics in accordance with clause 3.3 of this award is correct or, alternatively, that Allied Express does not believe it is correct within 60 business days of Allied Express receiving a copy of the consolidated statement from CTI Logistics.

 

3.5        In the event that Allied Express transmits any part of the business it has acquired by reason of the Trade Sale to another entity during the term of this award Allied Express shall provide a statement containing the matters referred to in clause 2 of this award as at the date of transmission to each employee whose contract of employment is terminated as a result of such transmission to the Purchasing Entity.  Such information shall be provided no later than the later of the date of transmission and the date referred to in 3.4.

 

3.6        In the event that agreement as to the correctness of the information referred to in clause 2 of this award cannot be reached the matter shall be referred to the Industrial Relations Commission of New South Wales for determination.  Following determination by the Commission CTI Logistics and Allied Express shall provide the relevant Employee with a consolidated statement containing to the information as at the transfer date within seven days.

 

4.          Allied Express shall recognise all service related entitlements of Transferring Employees accrued with CTI Logistics up to the Transfer Date (as determined pursuant to the process specified in clause 2 and 3 of this award).

 

5.          Allied Express shall, in respect of Transferring Employees, recognise the length of continuous service with CTI Logistics (including continuous service with any entity which was purchased or acquired by CTI Logistics, provided service with such entity is recognised by CTI Logistics as continuous service with CTI Logistics) for the purposes of all service related entitlements, and from the Transfer Date all such continuous service by Transferring Employees with CTI Logistics prior to the Transfer Date shall cease to be regarded as service with CTI Logistics and shall be deemed to be continuous service with Allied Express for all purposes including calculating entitlements under an industrial instrument or industrial relations legislation.

 

6.          In the event of Allied Express terminating the engagement of any of the Transferring Employees after the Transfer Date by reason of redundancy the length of service for the purpose of calculating the redundancy payment shall be the aggregate of the period of continuous service recognised by CTI Logistics at the Transfer Date pursuant to clause 6 of this award and the period of service that the employee has had with Allied Express from the Transfer Date until the date of termination, save that Allied Express shall not be required to make redundancy payments in respect of any period of engagement with CTI Logistics (or any entity which was purchased or acquired by CTI Logistics) for which a redundancy payment has previously been paid by CTI Logistics (or any entity which was purchased or acquired by CTI Logistics).

 

7.          Allied Express shall consult with the relevant Transferring Employees and the TWU after the Transfer Date in respect of any restructure of Allied Express’s business, which will, is or is likely to, have a materially adverse affect of the Transferring Employees.

 

8.          For the purpose of this award the following definitions shall apply:

 

"Employees" shall mean employees of CTI Logistics who are members or eligible to be members of the TWU and are offered employment by Allied Express in connection with the Trade Sale.

 

"Trade Sale" shall mean the purchase by Allied Express of the transport and distribution/contract logistics business from CTI Logistics located principally at 54-56 Redfern Street, Wetherill Park NSW 2164.

 

"Transferring Employee" means each Employee who accepts employment with Allied Express and commences employment with Allied Express.

 

"Award" means an award or order binding on CTI Logistics in respect of any Employee made under the Industrial Relations Act 1996 including those specified in Attachment A.

 

"CTI Logistics" shall mean CTI Logistics Ltd (ACN 008 778 925) and all subsidiaries and related corporations of CTI Logistics.

 

"TWU" shall mean the Transport Workers Union of New South Wales.

 

"Allied Express" shall mean the Allied Express Group of companies, including Allied Express Transport Pty Ltd (ACN 001 787 962), Allied Express Skytrax Pty Ltd (ACN 074 596 491), and Allied Express Australia Limited (ACN 001 787 962) and all subsidiaries and related corporations of Allied Express Australia Limited.

 

"Purchasing Entity" means any entity to which Allied Express transmits any part of the business it has acquired by reason of the Trade Sale during the term of this award.

 

"Transfer Date" means  3 November 2003 or such later date as shall be agreed between Allied Express and CTI Logistics pursuant to the Trade Sale agreement.

 

9.          Subject to the Industrial Relations Act 1996, any dispute shall be dealt with in the following manner:

 

9.1        The representative of the Union on the job and the appropriate supervisor shall attempt to resolve the matters in issue in the first place.

 

9.2        In the event of failure to resolve the dispute at job level the matter shall be the subject of discussions between an organiser of the Union and the workplace manager.

 

9.3        Should the dispute still remain unresolved the Secretary of the Union or a representative will confer with senior management.

 

9.4        In the event of no agreement being reached at this stage, the dispute will be referred to the Industrial Relations Commission of New South Wales for resolution.

 

10.        Anti-Discrimination

 

10.1      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.

 

10.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

10.3      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

10.4      Nothing in this clause is to be taken to affect:

 

10.4.1               any conduct or act which is specifically exempted from anti-discrimination legislation;

 

10.4.2               offering or providing junior rates of pay to persons under 21 years of age;

 

10.4.3               any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977; or

 

10.4.4               a party to this award from pursing matters of unlawful discrimination in any State or federal jurisdiction.

 

10.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

11.        This Award will commence operating on 2 November 2003 and will have a nominal life of 12 months and shall cease to apply at the end of that nominal term.

 

Attachment A

 

1.          Transport Industry - (State) Award

 

 

 

P. J. CONNOR, Commissioner.

 

 

 

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Printed by the authority of the Industrial Registrar.