SANDVIK MAYFIELD (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5720 of 2003)
Before Mr Deputy
President Grayson
|
22 January 2004
|
REVIEWED AWARD
1. Delete clause
1, Basic Wage from the Arrangement of the award published 28 July 2000 (317
I.G. 351) and insert new clause 1, Anti-Discrimination and rename clause 22,
Compassionate Leave to read as Bereavement Leave.
1. Anti-Discrimination
22. Bereavement
Leave
2. Delete,
clause 1, Basic Wage and insert the following new clause:
1.
Anti-Discrimination
(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.
(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.
(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.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
Notes
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
“Nothing in this Act affects … any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.”
3. Delete
subclause (i), of clause 13, Requirement to Work in Accordance with the Needs
of Industry, and insert in lieu thereof the following:
(i) Reasonable
Hours
(a) Subject to
sub-clause (b) below, an employer may require an employee to work reasonable overtime
at overtime rates or as otherwise provided for in this award.
(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 sub-clause (b) what is reasonable or other wise will be determined
having regard to:
(i) any risk to
employee health and safety.
(ii) The
employee’s personal circumstances including any family and carer
responsibilities.
(iii) The needs of
the workplace or enterprise.
(iv) The notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) Any other
relevant matter.
4. Delete clause
22, Compassionate Leave, and insert in lieu thereof the following new clause:
22. Bereavement Leave
(i) An employee
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death in Australia of a person
prescribed in subclause (iii) of this clause.
Where the death of a person as prescribed by the said subclause (iii)
occurs outside Australia the employee shall be entitled to two days bereavement
leave where such employee travels outside Australia to attend the funeral.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employer in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 18,
Personal/Carer’s Leave, provided that for the purpose of bereavement leave, the
employee need not have been responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement leave
may be taken in conjunction with other leave available under subclause (2),
(3), (4), (5) and (6) of the said clause 18.
In determining such a request the employer will give consideration to
the circumstances of the employee and the reasonable operational requirements
of the business.
5. Delete clause
27, Time and Payment of Wages, and insert in lieu thereof the following new
clause:
27. Time and Payment
of Wages
(i) All wages
shall be paid weekly by electronic funds transfer.
(ii)
(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 (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).
(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 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.
(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) 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.
(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.
(6) An employee
may at any time revoke in writing an authorisation to the employer to make
payroll deductions of Union membership fees.
(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.
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 NSW on 28 April
1999 (310 I.G. 359) and take effect on 22 January 2004.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
J. P. GRAYSON D.P.
____________________
Printed by the
authority of the Industrial Registrar.