NEW SOUTH WALES COLLIERS AND SMALL SHIPS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1701 of 2004)

 

 

REVIEWED AWARD

 

1.          Insert in numerical order in clause 1, Arrangement, of the award published 5 October 2001 (328 I.G. 406) the following new clause:

 

27.       Deduction of Union Membership Fees

 

2.          Renumber clause 27, Area, Incidence and Duration, in the said clause 1 to read as follows:

 

28.       Area, Incidence and Duration

 

3.          Insert after clause 26, Anti-Discrimination, the following new clause:

 

27.  Deduction of Union Membership Fees

 

27.1      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 written authorisation.

 

27.2      Monies so deducted from employees' 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.

 

27.3      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.

 

27.4      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.

 

27.5      An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

27.6      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 of the need to revoke in writing the authorisation to the employer in order for payroll deductions of Union membership fees to cease.

 

4.          Renumber clause 27, Area, Incidence and Duration, to read as clause 28.

 

5.          Delete the second paragraph of the said clause 28 and insert in lieu thereof the following:

 

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 2 July 2004.

 

 

 

P. J. SAMS  D.P.

 

 

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Printed by the authority of the Industrial Registrar.