TNT EXPRESS COUNTRY NSW CONSENT AWARD 2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5617 of 2003)
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Before The Honourable
Mr Deputy President Harrison
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18 March 2004
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REVIEWED AWARD
1. Delete the
Arrangement of the award published 15 December 2000 (321 I.G. 56), and insert
in lieu thereof the following:
Arrangement
Clause No. Subject Matter
3. Area,
Incidence and Duration
31. Anti-Discrimination
23. Attitude
and Appearance
30. Business
Re-Engineering
7. Casual
Employees
26. Company
Representatives to Accompany Drivers
6. Conditions
of Employment
19. Consignment
Note Notations
15. Continuous
Improvement Committee and Key Performance Indicators (KPI’s Targets)
2. Definitions
5. Duress
18. Consignment
Note Control
10. Hours of
Work
25. Locking of
Vehicles - Where Vehicle is Left Unattended In a Public Place
12. Meal Allowance
13. Minimum
Recall out of Hours
29. National
Procedures
4. Objectives
17. Payment of
Wages by Electronic Funds Transfer
8. Probationary
Period
14. Procedures
Relating to Disputes etc. Between Employers and their Employees
21. Proof of
Sickness
28. Reduction
in Insurance Claims for Vehicles, Equipment, Freight Workers Compensation -
Depot Targets
20. Scanning
22. Skills
Formation: Training, Multi-Skilling and Other Duties
1. Title
9. Training
and Commitment to Use Technology
27. Union
Membership
24. Vehicle
Cleanliness etc
16. Wage
Increases - No Extra Claims
11. Working
Overtime
PART B
MONETARY RATES
ATTACHMENTS
Attachment 1 -
Locations Covered by Award
Attachment 2 - Key
Performance Indicators (KPI) Targets
Attachment 3 -
Without Prejudice Comet/Kwikasair Interim Agreement, 21 November 1997
Attachment 4 - TWU of
Australia Application Form
Attachment 5 - Depot
Key Performance Indicators
Attachment 6 - Table
1 - Wages - Drivers
2. Delete clause
2, Definitions, and insert in lieu thereof the following:
2. Definitions
For the purpose of this Award, the following definitions
shall apply:
“Act” means the Industrial
R elations Act 1996 as
amended.
“Award” means this Award, the TNT Express Country NSW
Consent Award 2000.
“Committee” means the Committee referred to in Clauses 15
and 23 and other clauses of this Award comprising Depot management and Depot
Employees, at each Depot.
“Employee” means any person who works under this Award and
the Parent Award at the direction of the Employer and receives payment in
accordance with the Award.
“Employer” means TNT Australia Pty Limited (ABN 41 000 495
269) and also is referred to in this Award as “TNT Australia”.
“Ensure” means to the best endeavours of the parties make
sure.
“KPI” means Key Performance Indicator.
“Parent Award” means the Transport Industry (State) Award
and/or any award replacing, succeeding or modifying the Parent Award.
“Productivity” mans productivity measures which will
significantly and consistently improve and increase the efficiency,
flexibility, cost effectiveness and/or general profitability of the Employer
and sites/yards/depots within the Employer so that the measures overall
contribute to providing the Business with the financial means to pay the award
rate increases referred to in this Award and a reasonable profit return for TNT
Australia Pty Limited.
“TNT Express” means TNT Express or any other
business/trading name which may be used by TNT Australia Pty Limited from time
to time.
“Union” or “TWU” means the Transport Workers Union of New
South Wales.
3. Delete clause
4, Objectives, and insert in lieu thereof the following:
4. Objectives
The Employer shall increase the Employee’s relevant award
rate in accordance with Part B of this Award.
The objectives of this Award are to improve the efficiency
and reduce the labour cost of operating the depot and are detailed in Clauses 4
to 26 inclusive and in the Attachments to this Award.
4. Delete subclauses
(b) and (g) of clause 14, Procedures Relating to Disputes etc between Employers
and their Employees, and insert in lieu thereof the following:
(b) The Procedure
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(i) In the event
of a dispute or difficulty arising at job level, the Union delegate and the TNT
Express Depot management shall immediately confer and shall attempt to resolve
the matter without delay.
(ii) If no
agreement is reached, a Union organiser shall discuss the matter in dispute
with TNT Express Depot General Manager (or his/her nominee) within 48 hours.
(iii) If the matter
in dispute remains unresolved, the New South Wales General Manager Human
Resources (or his/her nominee) and/or TNT Australia Pty Limited industrial
relations management shall meet with the Sub-Branch Secretary of the Union (or
his/her nominee) and discuss the matter within 24 hours.
(iv) If the matter
still remains unresolved, the New South Wales Regional Director (or his/her
nominee) and/or TNT Australia Pty Limited industrial relations management shall
meet with the Sub-Branch Secretary of the Union (or his/her nominee) and
discuss the matter within 24 hours. At each discussion, other Employer and
Union representatives may be in attendance as required.
(v) If the
foregoing steps fail to resolve the issue within a reasonable time, the matter
in dispute shall be referred by either party to the Industrial Relations
Commission for Determination.
(vi) The parties
agree to ensure that the status quo is maintained during the procedure referred
to in this sub-clause without limiting the Employer’s right to reasonably
exercise its managerial prerogative.
(g) The parties
acknowledge that the following situations may give rise to special
circumstances in which the procedure/process referred to in this clause may not
be appropriate:-
(i) Where there
are safety issues referred to in section 143 of the Act, and;
(ii) There may be
occasions during the life of this Award where the New South Wales Trades and
Labour Council makes a resolution for all unions to engage in general
industrial action that would normally be described as a state based campaign on
a particular industrial or related issue. When such a resolution direction is
given the TWU will make every attempt to give TNT Australia Pty Limited at
least 48 hours notice of such action.
Irrespective of the content of this clause, it has
always been the policy of TNT Australia Pty Limited and of the TWU to ensure
the supply of blood, emergency medical supplies and other essential services
throughout any process this commitment is reconfirmed by the parties to this
Award.
5. Delete
subclause (a) of clause 15, Continuous Improvement Committee and Key
Performance Indicators (KPI's) Targets, and insert in lieu thereof the
following:
(a) Attachment 5
to this Award outlines the KPIs and Targets depot by depot. Employees and the
Employer in each Depot shall co-operate with a view to implementing initiatives
to reach the targets identified.
6. Delete clause
18, Freight Note Control, and insert in lieu thereof the following:
18. Consignment Note
Control
(a) The
consignment note which is handled and detailed by drivers and on which the
customers relies upon to pay the company for the service it provided, represents
the contract between the company and the customer. It is essential that all
drivers perform all duties necessary to ensure the contract with the customer
is properly executed and the customer promptly pays the rates required by the
company for the service provided. The
duties required to be performed by the drivers to ensure revenue is maximised
and accounts promptly paid by the customer include, but are not limited to:
(i) Cubing and
check weighing of freight - All freight picked up by Employees shall be cubed
and/or check-weighed to enure revenue to the company is maximised and the
details placed on the consignment note. The cubing and check-weighing of
freight shall be done “on the run”. However, if assistance with check-weighing
is required in the depot this shall be made available by management.
(ii) Correct
Addressing and Minimising Misdirects etc - Employees shall minimise misdirects
by ensuring that the correct legible address of the destination to which the
freight is being sent has been detailed and relevant destination stickers
affixed.
(iii) Pick-up and
Delivery Details - In addition to all other delivery and/or pick-up details
required, drivers shall ensure in particular that the time and date of the
pick-up or delivery, as the case may be, is legibly noted on the consignment
note.
(iv) Paperwork -
Drivers shall undertake the writing of sub-dockets, manifest sheets or other
paperwork when circumstances require.
Drivers shall legibly write and correctly detail sub-dockets, manifest
or other paperwork as required and print and/or sign their names on the
consignment note.
(v) Signatures
and/or Printed Names - Drivers will attempt to obtain legible signatures and/or
printed names at point of delivery. Where this is not practicable the driver
shall attempt to obtain and print the name of the consignee/receiver.
(b) The
performance of the duties referred to in this clause shall be performed in a
way which ensures the best image of the company is presented to the customer
and the remuneration for the performance of such duties shall be exclusively
covered by the wage increase specified in this Award.
7. Delete clause
19, Consignment Note Notations, and insert in lieu thereof the following:
19. Consignment Note
Notations
In addition to the obligations in Clause 18 Consignment Note
Controls of this Award, Employees and Contractors agree to make consignment
note notations on all occasions where irregularities exist. Examples of such irregularities may include,
card left, short freight, change of address etc.
8. Delete the
title and subclause (a) of clause 28, Reduction in Insurance Claims for
Vehicles, Equipment, Freight and Workers’ Compensation - Branch Targets, and
insert in lieu thereof the following:
28. Reduction in
Insurance Claims for Vehicles, Equipment, Freight and Workers’ Compensation -
Depot Targets
(a) Insurance
claims for the last 12 month period for damages to vehicles and equipment,
damage and loss of Customers freight and Workers’ Compensation claims shall be noted
for each Depot referred to in Attachment 1 as follows:
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$ Per Month In
Claims
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Month
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Vehicle
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Equipment
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Workers’
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Lost
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Damaged
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Comp
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Freight
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Freight
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July
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August
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September
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October
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November
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December
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January
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February
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March
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April
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May
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June
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9. Delete
subclause (d) of clause 29, National Procedures, and insert in lieu thereof the
following:
(d) Procedures
relating to the accurate and complete detailing of consignment notes.
10. Insert after clause
30, Business Re-Engineering, the following new clause:
31.
Anti-Discrimination
(a) It is the
intention of the parties to this agreement 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.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure set
out in 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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(iv) a party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
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. Delete Part B,
Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Wages - Drivers
Monetary rates payable to Employees covered by this Award are
those contained Table A of Attachment 1 of the TNT Australia Pty Limited - TWU
New South Wales (Employees) Amended Heads of Agreement 2003 - 2004 (EA04/40)
which is shown in Attachment 6.
12. Delete
Attachment 1 - Locations Covered by Award, and insert in lieu thereof the
following:
Attachment 1
Locations Covered
By Award
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Depot
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Address
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Albury
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Lot 456 Uiver Road
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Albury NSW 2640
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Coffs Harbour
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542 Pacific
Highway
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Boambee NSW 2450
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Dubbo
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27-29 Douglas
Mawson Road
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East Dubbo NSW
2830
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Gosford
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32 Marinus Place
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Erina NSW 2250
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Lismore
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Habib Drive
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Lismore NSW 2480
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Newcastle
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Everett Street
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Carrington NSW
2294
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Orange
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4 Corporation
Place
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Orange NSW 2800
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Port Macquarie
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21 Sancrox Road
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Wauchope NSW 2340
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Tamworth
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Cnr Avro &
Plain Streets
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Tamworth NSW 2340
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Wagga Wagga
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Lot 22, Stuart
Road
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Wagga NSW 2650
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Wollongong
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226 Berkeley Road
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Unanderra NSW 2526
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The address of the Depots referred to in this
attachment may change as required and nominated by the Employer.