TANNING INDUSTRY (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 7308 of 2003)
|
Before Commissioner
Patterson
|
19 February 2004
|
VARIATION
1. Insert in the
Arrangement of the award published 8 February 2002 (331 I.G. 157) the following
new clause number and subject matter.
26A. Union Dues
2. Delete paragraph
(b) of Clause 4, Wages and insert in lieu thereof the following:
(b) The rates of
pay in this award include the adjustments payable under the State Wage Case of
May 2003. These adjustments may be
offset against:
(1) any equivalent
over award payments, and/or
(2) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
3. Insert a new
subclause (xv) in clause 12, Overtime.
(xv)
(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.
4. Insert after
clause 26, Payment of Wages, the following new clause 26A, Union Dues.
26A. 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.
(viii) 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 19 February 2004.
(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 19 May 2004;
(iii) For all other
employers, from the beginning of the first pay period to commence on or after
19 August 2004.
5. Delete Part B,
Monetary Rates and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wages
|
|
Former Rate
|
SWC 2003 -$17.00
|
|
|
$
|
$
|
|
Group 1
|
431.40
|
448.40
|
|
Group 2
|
448.10
|
465.10
|
|
Group 3
|
470.60
|
487.60
|
|
Group 4
|
491.50
|
508.50
|
|
Group 5
|
525.20
|
542.20
|
Table 2 - Other
Rates and Allowances
|
Item No.
|
Clause No.
|
Current Rates
|
SWC 2003
|
|
|
|
$
|
$
|
|
1
|
4 (ii)
|
18.73 per week
|
19.30
|
|
|
Industry Allowance
|
|
|
|
2
|
4 (vii)
|
20.07 per week
|
20.70
|
|
|
Leading Hand 3 - 10 employees
|
|
|
|
3
|
4 (vii)
|
30.42 per week
|
31.40
|
|
|
Leading Hand
|
|
|
|
|
10 - 20 employees
|
|
|
|
4
|
4 (vii)
|
38.60 per week
|
39.80
|
|
|
Leading Hand more than 20 employees
|
|
|
|
5
|
4 (viii)
|
9.88 per week
|
10.20
|
|
|
First Aid
|
|
|
|
6
|
6 (iii)
|
0.44 per hour
|
0.45
|
|
|
Fork Lift
|
|
|
|
7
|
12 (iii)
|
9.56
|
9.85
|
|
|
Meal - 1st
|
|
|
|
8
|
12 (iii)
|
9.56
|
9.85
|
|
|
Meal - 2nd
|
|
|
|
9
|
12 (iv)
|
9.56
|
9.85
|
|
|
Meal Cancellation of Overtime
|
|
|
|
10
|
13 (viii)
|
9.56
|
9.85
|
|
|
Meal Shift Workers
|
|
|
|
11
|
14
|
0.44 per hour
|
0.45
|
|
|
Special rates
|
|
|
|
12
|
36 (D)(i)
|
15.21 per week
|
15.70
|
|
|
Super Contributions
|
|
|
6. The
adjustment to wages and allowances arising from the State Wage Case of 2003
shall take effect from the first full pay period to commence on or after 19
February 2004.
R. J. PATTERSON, Commissioner.
____________________
Printed by the
authority of the Industrial Registrar.