PYROTECHNICS, &c. (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 3449 of 2003)

 

 

VARIATION

 

1.          Insert in numerical order in the Arrangement of the award published 25 January 2001 (321 I.G. 1043), the following new clause number and subject matter:

 

8A.  Union Dues

 

2.          Insert after subclause (ii) of clause 6, Overtime, the following new subclause:

 

(iii)

 

(a)        Subject to subclause (b), 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 subclause (b), 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.

 

3.          Delete subclause (ii) of clause 8, Wages, and insert in lieu thereof the following:

 

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

 

(a)        any equivalent overaward payments; and/or

 

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

 

4.          Insert after clause 8, Wages, the following new clause:

 

8A.  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 subscription 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 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.

 

(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 or monthly 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 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.

 

2.          The above variations shall take effect:

 

(i)         In the case of employers which 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 29 July 2003;

 

(ii)        In the case of employers who do not fall within sub-paragraph (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 October 2003;

 

(ii)        For all other employers, from the beginning of the first pay period to commence on or after 29 January 2004.

 

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

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Classification	Former Rate	State Wage Case 2003	New Total Rate
	per week	per week	per week
	$	$	$
Pyrotechnician	477.40	17.00	494.40
Mixer - dry powder	447.00	17.00	464.00
Mixer sparkler department	447.00	17.00	464.00
All other employees	431.40	17.00	448.40

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause No.	Brief Description	Amount
			$
1	9(i)	Meal Allowance	6.90
2	9(ii)	Incremental Rates - 3rd -4th Year	7.10
3	9(ii)	Incremental Rates - 5th-9th Year	3.75
4	9(ii)	Incremental Rates - 10th Year & Thereafter	3.75
5	9(iii)	First Aid Allowance	2.80

 

6.          This variation shall take effect from the first full pay period to commence on or after 29 July 2003, with respect to Part B, Monetary Rates, the variation shall take effect on and from 28 July 2003.

 

 

 

R. J. PATTERSON, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.