WIRE DRAWN FERRIES (STATE) AWARD
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1863 of 2004)
Before The Honourable
Mr Deputy President Harrison
23 June 2004
1. Delete clause
17, State Personal/Carer's Leave Case - August 1996, in the Arrangement of the
award published 14 September 2001 (327 I.G. 802) and insert in lieu thereof the
2. Insert in
numerical order in the Arrangement the following new clause number and subject
30. Deduction of Union Membership Fees
clause 28A, Traineeships, and clause 29, Area, Incidence and Duration, in the
Arrangement to read as follows:
Incidence and Duration
4. Insert after
subclause 9.3 of clause 9, Overtime, the following new subclauses:
9.4 Subject to
subclause 9.5 of this clause, an employer may require an employee to work
reasonable overtime at overtime rates.
9.5 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.
9.6 For the
purposes of subclause 9.5 of this clause, what is unreasonable or otherwise
will be determined having regard to:
9.6.1 any risk to
employee health and safety;
9.6.2 the employee's
personal circumstances, including any family and carer responsibility;
9.6.3 the needs of
the workplace or enterprise;
9.6.4 the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
9.6.5 any other
clause 28A, Traineeships, to read as clause 29.
6. Insert after
clause 29, Traineeships, the following new clause:
30. Deduction of
Union Membership Fees
30.1 The employer
shall deduct Union membership fees from the pay of any employee who is a member
of the Union in accordance with the Union's rules, provided that the employee
has authorised the employer to make such deductions. Any such authorisation shall be in writing. 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
30.2 Monies so
deducted from employee's pay will be forwarded to the Union forthwith together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees' membership accounts.
30.3 Where an
employee has already authorised the deduction of Union membership fees 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 to continue.
30.4 The Union shall
advise the employer of any change to the amount of membership fees made under
its rules. The Union shall give the
employer a minimum of one month's notice of any such change.
30.5 An employee may
at any time revoke in writing an authorisation to the employer to make payroll
deductions of Union memberships fees.
30.6 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 in writing the authorisation to
the employer in order for payroll deductions of Union membership fees to cease.
clause 30, Area, Incidence and Duration, to read as clause 31.
8. The changes
made to the award pursuant to the Award Review under 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 New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 23 June 2004.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
R. W. HARRISON D.P.
the authority of the Industrial Registrar.